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Full text of "North Carolina Register v.6 no. 10 (8/15/1991)"

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NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 




RECEIVED 

AUG 20 1991 
tAv-^/ LIBRARY 



FINAL DECISION LETTERS 
STATEMENTS OF ORGANIZATION 
PROPOSED RULES 

Administrative Hearings 

Agriculture 

Cosmetic Art Examiners 

Economic and Community Development 

Environment, Health, and Natural Resources 

Geologists, Board of 

Hearing Aid Dealers and Fitters Board 

Human Resources 

Justice 

Landscape Contractors 

ARRC OBJECTIONS 

RULES INVALIDATED BY JUDICIAL DECISION 

ISSUE DATE: AUGUST 15, 1991 
volume 6 • Issue 10 • Pages 516-677 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each county in the state and to 
\arious state officials and institutions. The North CaroUna 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. 0. Drawer llAAl , Raleigh, N. 
C. 27611-7447, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Re\'iew Commission. Upon ap- 
pro\al of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary- rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days 
whichever is less. An agency adopting a temporary ruli 
must begin normal rule-making procedures on the per 
manent rule at the same time the temporary rule i 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) i 
a compilation and index of the administrative rules o 
25 state agencies and 38 occupational licensing board; 
The NCAC comprises approximately 15,000 letter siz( 
single spaced pages of material of which approximatt 
ly 35% is changed annuallv- Compilation and public 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Eac 
state agency is assigned a separate title which is fu 
ther broken down by chapters. Title 21 is designate 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimu 
cost of two dollars and 50 cents ($2.50) for ] 
pages or less, plus fifteen cents ($0.15) per eac 
additional page. 

(2) The full publication consists of 53 volume 
totaling in excess of 15,000 pages. It is su 
plemented monthly with replacement pages 
one year subscription to the full publication i 
eluding supplements can be purchased f 
seven hundred and fifty dollars ($750.00). I 
dividual volumes may also be purchased wi 
supplement service. Renewal subscriptions f 
supplements to the initial publication availab 

Requests for pages of rules or volumes of the NC^ 
should be directed to the Office of Administrati 
Hearings. 

NOTE 

The foregoing is a generalized statement of the p 
cedures to be followed. For specific statutory langua 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, iss 
page number and date. 1:1 NCR 101-201, April 1, I 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 198 



North Carolina Register. Published bi-monthly by tb 
Office of Administrative Hearings, P.O. Drawer 27447 
Raleigh, North Carolina 27611-7447, pursuant t( 
Chapter 150B of the General Statutes. Subscription 
one hundred and five dollars ($105.00) per ^-ean 

North Carolina Administrative Code. Published i 
looseleaf notebooks with supplement service by th 
Office of Administrati\e Hearings, P.O. Drawer 2744' 
Raleigh, North Carolina 27611-7447, pursuant 
Chapter 150B of the General Satutes. Subscription 
seven hundred and fifty dollars ($750.00). Individu: 
\olumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 



I. FUSAL DECISION LETTERS 

Voting Rights Act 516 




II. STATEMENTS OF 
ORGANIZATION. 



.518 



Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, AC 27611-7447 

(919) 733-2678 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
MoUy Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



III. PROPOSED RULES 

Administrative Hearings 

Rules Division 665 

Agriculture 

Food and Drug 
Protection Division 576 

Markets 576 

North Carolina State Fair 576 

Plant Industry 576 

Economic and Community 

Development 

Employment and Training 590 

Environment, Health, and 

Natural Resources 

Wildlife Resources 

Commission 647 

Human Resources 

Economic Opportunity 604 

Facility Services 592 

Medical Assistance 601 

Justice 

Criminal Justice Education 
and Training Standards 607 

Sheriffs' Standards Division 618 

Licensing Boards 

Cosmetic Art Examiners 653 

Geologists 654 

Hearing Aid Dealers 
and Fitters Board 655 

Landscape Contractors 665 

IV. ARRC OBJECTIONS 671 

V. RULES INVALIDATED BY 

JUDICIAL DECISION 673 

VL CUMULATrVE LVDEX 675 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1991 - December 1992) 



Issue 


Last Day 


L-ast Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


PubUc 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


++++t++* 


+++++++* 


*+*+++*+ 


++++++*+ 


*+**++++ 


04/01/91 


03/11/91 


03/18 91 


05/01/91 


08/01/91 


04/15/91 


03/22/91 


04/0 19 1 


05/15/91 


08/01/91 


05/01/91 


04/10,91 


04' 17 91 


05/31/91 


0901/91 


05/15 91 


04/24/91 


05 '01 '91 


06/14 91 


09,01/91 


06/03,91 


05/10,91 


05/1791 


07/03,91 


10,01/91 


06/14/91 


05/23,91 


05/31 91 


07/14/91 


10 01/91 


07/01/91 


06/10/91 


06/17 91 


07/31/91 


11,01/91 


07/ 1 5 '91 


06/21/91 


06/28 91 


08/14,'91 


11/01/91 


08,01/91 


07/11,91 


07/18 91 


08,31 91 


12 01/91 


08/15/91 


07/25,91 


08 '01 '91 


09/1491 


12 01/91 


09/03/91 


08/12,91 


08/19 91 


10/03/91 


01/01/92 


09/16/91 


08/23,91 


08/30 91 


10/ 16 '91 


01/01/92 


10/01/91 


09/10/91 


09/17 91 


10/31/91 


02/01/92 


10/15/91 


09 24,91 


10 01/91 


11/14/91 


0201/92 


11/01/91 


10/11,91 


10/18/91 


12/01/91 


03 01/92 


11/15,91 


10/24/91 


10'31 91 


12/15 91 


03 01/92 


12/02/91 


11,07,91 


11,14 91 


01/01,92 


04,01/92 


12/16/91 


11/21 91 


12/02/91 


01/15/92 


0401/92 


01/02/92 


12/09,91 


12/16/91 


01/31,92 


05,01/92 


01/15/92 


12/20,91 


12/31/91 


02/14 92 


05 01/92 


02/03/92 


01/10,92 


01/17/92 


03,04 92 


06 01/92 


02/14,92 


01/24,92 


01/31/92 


03/15,92 


" 06 01/92 


03/02/92 


02/10/92 


02/17 92 


04/01,92 


07/01/92 


03/16/92 


02,24,92 


03 02 92 


04/15 92 


07/01/92 


04/01/92 


03/11/92 


03/18/92 


05/01,92 


08/01/92 


04 '15 92 


03/25,92 


04 01 92 


05/15 92 


08 01/92 


05/01 92 


04/10,92 


04,17,92 


05/31 92 


09/01/92 


05/15,92 


04,24/92 


05 01 92 


06/14 92 


09 01/92 


06/01/92 


05/11/92 


05/18,92 


07/01/92 


10 01/92 


06/ 15 '92 


05/25/92 


06/01/92 


07/15/92 


1001/92 


07/01,92 


06/10,92 


06/17/92 


07/31 92 


110 1/92 


07/15,92 


06 24 92 


07/01. 92 


08/14 92 


no 1/92 


08/03/92 


07,13,92 


07/20/92 


09/02 92 


12,01/92 


08/14,92 


07/24,92 


07/31 92 


09,13,92 


12 01/92 


09/01/92 


08/11/92 


08/18 92 


10/01,92 


01/01/93 


09/15,92 


08/25 02 


09/01/92 


10/15 92 


01 01/93 


10/01/92 


09' 10,92 


09,17/92 


10/31/92 


02,01/93 


10/15 92 


09 24 92 


10,01/92 


11/14 92 


02 01/93 


11/02,92 


10/12,92 


10,19 92 


12/02,92 


03 01/93 


11,16 92 


10/23 92 


10 30 92 


12/16,92 


0301/93 


12/01,92 


1 1 '06/92 


11/13/92 


12/31/92 


04 01/93 


12/15,92 


11,24 92 


12/01-92 


01/1493 


04 01/93 



* The "Earliest Effective Dale" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the ndc with The AdministraliYe Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. 120-30.91-1 . effective July 16, 1986, requires that all letters and other documents issued by the 
A ttorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

JRD:MAP:NT:lrj 

DJ 166-012-3 Voting Section 

91-1688 P.O. Box 66128 

Washington, D.C. 20035-6128 

July 10, 1991 

DeVVitt F. McCarley, Esq. 

City Attorney 

P. b. Box 7207 

Greenville, North Carolina 27835-7207 

Dear \Ir. McCarley: 

This refers to the annexation [Ordinance No. 2312 (1991)| to the City of Greenville, in Pitt County, 
North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 
1965, as amended, 42 U.S.C. 1973c. We received your submission on May 31, 1991. 

The Attorney General does not interpose an>' objection to the specified change. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar sub- 
sequent htigation to enjoin the enforcement of the change. In addition, as authorized by Section 5, 
we reserve the right to reexamine this submission if additional information that would otherwise require 
an objection comes to our attention during the remainder of the sixty-day review period. See the 
Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 

Sincerely, 



John R. Dunne 

Assistant Attorney Cieneral 

Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



6:10 NORTH CAROLINA REGISTER August L\ 1991 516 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Risihts Division 



JRD:MAP:JRN:tIb 

DJ 166-012-3 Voting Section 

91-1762 P.O. Box 66128 

Washinsrton, D.C. 20035-6128 



July 19, 1991 



Michael Crowell, Esq. 

1 harrinL'ton, Smith & Harero\e 

P. O. Box 1151 

Raleidi, North CaroHna 27602-1151 



Dear Mr. Crowell: 



This refers to the change in the method of election from at large to two double-member districts 
and one at-large position, and a districting plan for the Town of Robersonville in .Martin County, 
North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 
1965, as amended. 42 U.S.C. 1973c. We received your submission on June 6, 1991. 

The Attorney General does not interpose any objection to the specified changes. However, we 
note that Section 5 expressly provides that the failure of the Attorney General to object does not bar 
subsequent litigation to enjoin the enforcement of the changes. In addition, as authorized by Section 
5, we reserve the right to reexamine this submission if additional information that would otherwise re- 
quire an objection comes to our attention during the remainder of the M.xty-day review period. See the 
Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 

Sincerely, 

John R. Dunne 

Assistant Attorney General 

Civil Rights Division 

By: 

Gerald W. Jones 
Chief \'otine Section 



517 6:10 NORTH CAROLINA REGISTER August 15, I99I 



STA TEMENTS OF ORGANIZA TION 



NORTH CAROLINA DEPARTMENT OF 
ADMINISTRATION 

The Department of Administration (DOA) was 
created by the 1957 General Assembly in an ef- 
fort to consolidate many of the administrative 
aspects of State Government. The Executive 
Organization Act of 1973 recreated the Depart- 
ment and established the Department as one of 
nineteen major departments of State Govern- 
ment. The head of the Department is the Sec- 
retary who is appointed by the Governor and 
sers'es at the pleasure of the Governor. 

The Department of Administration has two 
primar>' duties: 

1. Advance the etTective management, efficient 

operation and fair conduct of the execu- 
tive branch. 

2. Host advocacy programs representing vari- 

ous segments of North Carolina's popu- 
lation that have traditionally been 
underrepresented. 

The Department is organized into Divisions and 
Agencies with brief descriptions as follows; 

OFFICE OF THK SFCRET.\RY 

1 16 West .loncs Street 

Raleigh, North Carolina 27603-8003 

(919) 733-7232 

Agency for Public Telecommunications 

This agency offers media production ser\ices, 
satellite and audio teleconferencing, and pro- 
duction and distribution of radio and tele\ision 
public service announcements for state agencies. 
(919) 733-6341 

Division of \ eterans .XfTairs 

This office assists veterans, their dependents, 
and the dependents of deceased veterans in ob- 
taining and maintaining those rights and benefits 
to which they are entitfed by law. (919) 733-3851 

DOA Personnel 



This office is responsible for recruitment, hiring, 
grievance and appeal procedures, classification of 
positions to ensure equitable compensation for 
all employees, monitoring the departmental af- 
firmative action plan, and implementation of the 
State Personnel System within the department. 
(919) 733-4606 

DOA Public Information Office 



The duties of this office include preparation of 
news releases, the editing of and supervision over 
production of official pubUcations and the per- 
mitting of the use of state buildings and grounds. 
The Public Information Office counsels di\isions 
on ways to effectively communicate with the 
public. The divisions assists the public with in- 
quiries and acts as a conduit between the public 
and other Department of Administration divi- 
sions. (919) 73,V4391 

lnte^go^ernme^tal Relations 

This office provides staff support for the state's 
participation in national and regional organiza- 
tions such as the National Governors' Associ- 
ation and the Southern Governors' Association. 
It manages the Appalachian Regional Council 
program and staffs the Local Government Ad- 
vocacy Council. 

The office also contams the State Clearinghouse 
which coordinates the state agency and local 
government intergovernmental review process. 
Notifications of intent to apply for federal funds 
and environmental review documents are sub- 
mitted for comment. (919) 733-0499 

Office of Fiscal Management 

This office accounts for all fiscal acti\ ity of the 
department in conformity with requirements of 
the Office of State Budget and Management, the 
Department of State Auditor, and federal funding 
agencies. (919) 733-2650 

Office of Marine .Affairs 

The Office of Marine /Vffairs advocates and 
promotes public awareness, appreciation and 
wise utilization of the natural and cultural re- 
sources of coastal North Carolina. To these 
ends, the office administers the three North 
Carolina Aquariums, which provide unique ma- 
rine educational opportunities. The Office of 
Marine yVffairs also houses some staff of the 
North Carolina Aquarium Society, a non-profit 
group established in 1986 solely for the purpose 
of supportine the North Carolina Aquariums. 
(919) 733-2290 

Outer Continental Shelf Office (PCS) 

The purpose of the OCS Office is to review and 
coordinate information, policies and comments 
of all state agencies regarding offshore leasing, 
exploration, and production for oil and gas and 
hard minerals in federal waters off the North 



6.10 NORTH CAROLINA REGISTER August 15, 1991 



518 



STA TEMENTS OF ORGANIZA TION 



Carolina coast. 1 he office also prepares recom- 
mended positions and comments for the Gover- 
nor in his fulfillment of responsibilities under the 
federal Outer Continental Shelf Lands Act; serv'cs 
as staff to the Governor's Working Group; and 
serves as staff of the North Carolina Marine Sci- 
ence Council. (919) 733-4656 

GOVERNMENT OPERATIONS 

nivision of' I'urcha.se and Contract 

This office serves as the central purchasing ac- 
tivity for state government and certain other en- 
tities. Contracts are established for the purchase, 
lease and lease-purchase of the goods and services 
required by all state agencies, institutions, public 
school districts, community coUeges, and the 
umvcrsity system. (919) 733-35S1 

State Government Printing Office A 

receipt-supported operation, this office pro- 
vides typesetting and printing services 
throuahout state government. (919) 
733-5194 

Facility Management Di\ision 

The di\ision manages, directs, coordinates and 
plans the daily activities of the five sections that 
constitute the division including centralization of 
personnel and purchasing and fiscal procedures. 
It acts as the coordinating point in contact with 
the Secretary's Office, other DOA sections and 
agencies, the Govemor's Office and other agen- 
cies that may use or inquire about the services 
available from Construction Services, Building 
Services, Landscape Services, and Housekeeping 
Services. It engages in planning and possibly 
expanding the units constituting Facility Man- 
agement Division and their availability to all 
agencies in state government and other qualified 
constituents. The division also oversees the 
management of the .Museum of Art's facilities. 
(919)'733-3514 

General Services Division 

The di\ision manages, directs, coordinates, and 
plans the daily activities of the three branches 
that constitute the General Ser\'ices Division: 
Courier Service, State Surplus Property, Federal 
Surplus Property, and the DOA Mail Room and 
Expendable Supply Store. It engages in planning 
and possibly expanding the units constituting 
General Ser\'ices and their availability to all 
agencies in state government and other qualified 
constituents. {9\9) 733-5361 



Courier Senice A receipt-supported opera- 
tion, this service provides courier mail and 
inter-office mail to local state government 
offices and 89 counties in North Carolina. 
(919) 733-2913 

Federal Surplus Property This office ac- 
quires and distributes available federal sur- 
plus property needed by the eligible 
recipients in the state and funds costs for 
operations throush receipts from sales. (919) 
733-3885 

State Surplus Property This office is re- 
sponsible for the sale of aU supplies, materi- 
als, and equipment owned by the state and 
considered to be surplus, obsolete, or un- 
used. (919) 733-3889 

Motor Fleet Management 

This office is responsible for the approximately 
4,00U vehicles owned by state go\emment. Aside 
from purchasing and maintenance of state vehi- 
cles, this office enforces state regulations relating 
to their use. (919) 733-6540 

State Capitol Police 

This law enforcement agency, with police pow- 
ers throughout the city of Raleigh, provides se- 
curity and property protection functions for state 
go\emment facilities witliin the Capitol City. 
This agency is also responsible for enforcement 
of re2uIations in state-operated parking lots. 
(919) 733-4646 

State Construction Office 

This office is responsible for the administration 
of the planning, design, and construction of all 
state facilities, including the university and com- 
munity college systems. It also provides the ar- 
chitectural and engineering services necessary to 
carr\' out the capital impro\ement program for 
all state institutions and agencies. (919) 733-7962 

State Property Office 

1 his office is responsible for state go\emment's 
acquisition and disposition of all interest in real 
property whether by purchase, sale, exercise of 
the power of eminent domain, lease, or rental. 
This office also prepares and keeps current a 
computerized in\entoPv' of all land holdings and 
buildings owned or leased bv the state or any 
state agency. (919) 733-4346' 

PROGRAMS 



519 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



North Carolina Council for Women 

The primaiA' responsibility of the Council is to 
advise the Governor, the North Carolina Legis- 
lature, and other principal state departments on 
the special needs of women in North Carolina. 
In addition, the Council identifies and assesses 
women's needs, collects and distributes informa- 
tion, coordinates efforts within the state to meet 
the special needs of women, acts as a resource for 
the county and regional Councils for Women, 
and encourages innovative programs for women. 

The North Carolina CouncU on Women offers 
a variety of programs and ser\'iccs based on the 
following priorities: equal opportunities in em- 
ployment and education for women, services to 
women in crisis, and coordination among groups 
and individuals working on behalf of women. 
(919) 733-2455 

Governor's .\dvocacy Council for Persons with Disa- 
bilities 

The Council pursues appropriate remedies, in- 
cluding legal ones, on behalf of disabled citizens 
who feel they have been the subject of discrimi- 
nation. The Council also offers technical assist- 
ance regarding disability issues, promotes 
employment opportunities for disabled persons, 
and reviews policies and legislation relating to 
these persons. (919) 733-9250 

North Carolina Commission of Indian .Affairs 



case advocacy to individuals in need of services 
for children and youth. (919) 733-9296 

OTHER AGENCIES 

For administrative, budgetary or personnel 
purposes only, the following agencies are listed 
under the Department of Administration: 
.Alcoholism Research Authority, Board of Ethics, 
Board of Science and Technology, Energy De- 
velopment Authority, 504 Steering Committee, 
Low-Level Radioactive Waste Management Au- 
thority, Office of the Lieutenant Governor, and 
the Office of State Personnel. 

NORTH CAROLINA DEPARTMENT OF 
AGRICLLTLRE 

The North Carolina Department of Agriculture 
is a statutorily created agency, G.S. 106-2, within 
the executive branch of the state government. 
The Commissioner of Agriculture, a statewide 
elected official as provided for in .Article III, Sec- 
tion 7(1) of the North Carolina Constitution, is 
the head of the Department of Agriculture and 
is a member of the Council of State. The De- 
partment of Agriculture is organized into four- 
teen divisions. A number of boards and 
commissions are administratively located in the 
Department. 

A. Departmental Divisions: 

1) Aericultural Statistics 



The Commission is responsible for bringing lo- 
cal, state and federal resources into focus for the 
implementation or continuation of meaningful 
programs for the Indian citizens of North 
Carolma. (919) 733-5998 

North Carolina Human Relations Commission 
(NCHKC) 

The NCHRC provides scr\ices and programs 
aimed at improving relationships among all citi- 
zens of this state, while seeking to ensure equal 
opportunities in the areas of employment, hous- 
ing, public accommodation, recreation, educa- 
tion, justice, and governmental ser\'ices. The 
Commission also enforces the North Carolina 
Fair Housing Law. (919) 733-7996 

Youth .\dvocacy and Involvement Office (Y.MO) 

YAIO seeks to tap the productivity of the youth 
of North Carolina through their participation in 
community services and the de\elopmcnt of 
youth leadership capabilities. The office provides 



The Agricultural Statistics Division is responsi- 
ble for collecting, preparing, and disseminating 
regular series of official crop, li\estock and price 
estimates along with other statistics relative to 
agriculture in North Carolina and the nation. 

Mailing Address: 

Agricultural Statistics Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7293 



2) Agronomic Services 

The Agronomic Ser\'ices Division performs 
laboratory analysis of soil and plant samples for 
fanners and homeowners. Tests determine the 
fertility of soil and the nutrient quantity and bal- 
ance of plants through tissue analysis. 
Nematodes are quantified from soil and plant 
root samples and diseases are diagnosed. 
Fertilizer application and nematode management 



6:10 NORTH CAROLINA REGISTER August 15. 1991 



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STA TEMENTS OF ORGANIZA TION 



recommendations are made based on test results. 
Growers are assisted in the field with problem 
diagnosis and optimum crop production strate- 
gies by Regional Agronomists. 

Mailing Address: 

Agronomic Ser\ices Division 

North Carolina Department of Agriculture 

Blue Ridae Road Center 

Raleish, NC 27611 

Telephone: (919) 733-2657 



3) Aquaculture, Natural Resources and En- 
vironmental .Affairs 

The Aquaculture. Natural Resources and Envi- 
ronmental .-Vffairs Division promotes the devel- 
opment of aquaculture, staffs the Aquaculture 
AdvisoPv' Board, and advises the Commissioner 
of Agriculture on natural resources and en\iron- 
mental issues affecting agnculture. 

Mailing Address: 

Aquaculture, Natural Resources 

and Environmental /Vffairs 

North Carolina Department of Agriculture 

P.O. Box 27647 

Raleiah, N.C. 27611 

Telephone: (919) 733-7125 



4) Pood Distribution 

The Food Distnbution Division operates in 
cooperation with the US DA to provide food at 
no cost for distribution to schools of high school 
grade or under, charitable institutions and needy 
persons. It is the responsibility of this di\'ision 
to requisition, store, and deLi\er the food. 

Mailing Address: 

Food Distribution Division 

North CaroHna Department of Agriculture 

P. O. Box 27647 

Raleieh, NC 27611 

Telephone: (919) 733-7661 



5) Food and Drug Protection 

The Food and Drug Protection Division assures 
consumers that foods, feeds, drugs, cosmetics, 
pesticides, and automotive antifreezers are safe, 
wholesome and properly labeled. Statewide in- 
spections and chemical analyses offer protection 
against unsafe, deceptive and fraudulent pro- 
ducts. .Annual registration of pesticides offered 
for sale within North Carolina and pesticide 



applicator Licensing and certification is adminis- 
tered by the Pesticide Section. 

.Mailing Address: 

Food and Drug Protection Division 

North Carolina Department of Agriculture 

4000 Reedv Creek Road 

Raleieh, NC 27607 

Telephone: (919) 733-7366 



Mailing Address: 

Pesticide Section 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3556 



6) Marketing 

The Marketing Dhision promotes the sale of 
North Carolina agricultural products, reports 
farm prices on major commodities and deter- 
mines and certifies the official grade of farm pro- 
ducts. The Marketing Division also organizes 
special livestock sales, arranges buyer-seller con- 
tacts, pro\ ides marketing advice and assistance to 
producers, processors and handlers and adminis- 
ters the North CaroUna Egg Law and the Farm 
Products marketing and branding law. Regional 
Fanner's .Markets in Raleigh, Charlotte and 
AsheviUe are also operated by the Marketing Di- 
vision. 

.Maihng Address: 

Marketing Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7887 



7) Museum of Natural Sciences 

The Museum of Natural Sciences Division 
maintains collections and disseminates know- 
ledge concerning the natural historv- (flora, fauna, 
minerals, fossils and ecologN) of North Carolina 
through (1) temporarv' and permanent exhibits; 
(2) systematic collections and data fdes in the 
charge of taxonomic specialists trained to solve 
problems of identification and classification; (3) 
ecological and other field studies of southeastern 
biota; (4) educational senices including teacher 
education programs, vocational training, curric- 
ulum and program development, classes, lectures 
and preparation of popular and educational ma- 
terials on natural historv' topics; and (5) publica- 



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STA TEMENTS OF ORGANIZA TION 



tion of natural history books, papers, articles, 
pamphlets, and similar materials. 

Mailing Address: 

Museum of Natural Sciences Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7450 



8) North Carolina Maritime Museum 

The North Carolina Maritime Museum is the 
State's only museum charged with the collection 
and preservation of North Carolina's coastal 
marine and maritime heritage. Its collection 
emphasizes traditional work boats, decoys, the 
U.S. Life Saving Service, ship models, and nau- 
tical instruments. Its educational programs treat 
marine and barrier ecology, marine biology, and 
coastal culture. It supports a live aquaria. The 
museum is open year-round, 9AM to 5PM and 
is free to the public. 

Mailing Address: 

N.C. Maritime Museum 

North Carolina Department of Agriculture 

315 Front Street 

Beaufort, NC 28516 

Telephone: (919) 728-7317 



9) North Carolina State Fair 

The North Carolina State Fair Division is re- 
sponsible for the annual North Carolina State 
Fair in October. During non-Fair time, the 
North Carolina State Fair rents various Fair fa- 
cilities to the general public for special events. 

Mailing Address: 

North Carolina State Fair Division 

North Carolina Department of Agriculture 

1025 Blue Ridge Boulevard 

Raleigh, NC 27607 



10) Plant Industry 

The Plant Industry Division performs fertilizer 
and seed examinations to check for accuracy in 
labeling and product quahty. The Division also 
administers plant pest laws, the Plant Protection 
and Conservation Act, and the Genetically Engi- 
neered Organisms Act. 



Mailing Address: 
Plant Industry Division 



North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3930 



1 1) Research Stations 

Fifteen research stations and four state farms 
comprise the Research Stations Division of the 
Department of Agriculture. The research 
stations cooperate with scientists at the land- 
grant universities to develop new agronomic 
products and trends, working in conventional 
crops but also working in crops new to the State. 
Research is also conducted on the state farms, 
whose primary purpose is to produce food for 
state institutions. 

Mailing Address: 

Research Stations Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3236 



12) Standards 

The Standards Division administers the weights 
and measures program which includes the verifi- 
cation of the accuracy of commercial weighing 
and measuring devices and the inspection of 
packaged items for compliance with net contents 
statements. The Division also tests petroleum 
products and inspects LP Gas installations. 

Mailing Address: 

Standards Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3313 



13) Structural Pest Control 

The Structural Pest Control Division is respon- 
sible for licensing commercial pest control oper- 
ators withia North Carolina. It is also the 
responsibility of the Division to inspect the 
quality of work performed by licensed operators, 
and to enforce pesticide safety requirements. 

Mailing Address: 

Structural Pest Control Division 

North Carolina Department of Agriculture 

P. O. Box 27647 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



522 



STA TEMENTS OF ORGAMZA TION 



Raleigh, NC 27611 
Telephone: (919) 733-6100 



14) Veterinarv' 

The Veterinan' Division monitors all animal 
disease outbreaks and administers animal health 
programs in North Carolina. The Division also 
provides veterinary" diagnostic ser\'ices and ani- 
mal health inspections. .Meat processing and 
slaughter facilities in the State are inspected by 
the Division to insure cleanliness of the operation 
and wholesomeness of the finished product. The 
Division also regulates dog and cat dealers under 
the Animal \\'clfare Act. 

Mailing Address: 

Veterinarv" Division 

North Carolina Department of Asriculture 

P. O. Box 27647 

Raleiah, NC 27611 

Telephone: (919) 733-7601 



The Board of Agriculture was created by G.S. 
106-2. The eleven-member Board of Agriculture 
is composed of the Commissioner of Agriculture, 
an ex officio member who serves as the Board's 
Chairman, and ten members appointed by the 
Governor. 

The Board of Agriculture is a policymaking 
body with respect to the improvement of agri- 
culture and a rulemaking body with respect to all 
programs administered by the Department of 
Agriculture, exclusive of Pesticides, Plant Con- 
ser\ation. Gasoline and Oil Inspection and 
Structural Pest Control promulgated by the 
Board are codified in 2 NCAC. 

Mailing x\ddress: 

Secretary". Board of Agriculture 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleiah, NC 27611 

Telephone: (919) 733-7125 



B. Boards and Commissions 

1 ) North CaroUna .Agricultural Hall of Fame 
Board of Directors 

The North Carolina Agricultural Hall of Fame 
Board of Directors was created by G.S. 
106-568.14. The eight-member Board of Direc- 
tors is composed of the Commissioner of .Vgri- 
culture, the Director of the North Carolma 
Fxtension Ser\"ice. the State Supervisor of Voca- 
tional Agriculture, the President of the North 
Carolina Farm Bureau, and the Master of the 
State Grange, as ex officio members, and three 
members appointed by the Governor. 

The Board of Directors is authorized to adopt 
rules and regulations which govern the accept- 
ance and admission of candidates to the North 
Carolina Acricultural Hall of Fame Rules 



promulgated 
NCAC^31. 



bv the Board are codified in 2 



.Mailing Address: 

Public .-VtTairs Division 

North Carolina Department of Aariculture 

P.O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-4216 



2) Board of Agriculture 



3) Aquaculture Advisor," Board 

The Aquaculture Advisors" Board was created 
by G.S. 106-760. The seven-member Board is 
composed of various State officials or their 
designees who ser\"e ex-officio. The Board pro- 
motes aquaculture by reviewing laws, regulations 
and policies affecting aquaculture and by coordi- 
nating aquaculture activities of the various State 
agencies. 

Mailing Address: 

Aquaculture Advisors" Board 

North Carolina Department of Agriculture 

P.O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 



4) Board of Crop Seed Improvement 

The Board of Crop Seed Improvement was 
created by G.S. 106-269. The Board promotes 
the development and distribution of pure strains 
of crop seed to North CaroHna farmers. Tlie 
Board is authorized to adopt rules and regu- 
lations which relate to the ccrtffication of pure 
crop seeds. Rules promulgated bv the Board are 
codified in 2 NCAC 29. 

Mailing Address: 

Board of Crop Seed Improvement 

North Carolina Department of .Agriculture 

P. O. Box 27647 



52i 



6:10 SORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



Raleigh, NC 27611 
Telephone: (919) 733-3930 



5) Gasoline and Oil Inspection Board 

The GasoHne and Oil Inspection Board was 
created by G.S. 1 19-26. The five-member Board 
is composed of the Commissioner of Agriculture, 
the Director of the Standards Division and three 
members appointed by the Governor. The 
Board is authorized to adopt rules and regu- 
lations which govern the quality, labeling, trans- 
portation and inspection of liquid motor fuels, 
kerosene and other heating oils. Rules 

promulgated 
NCAC'42. 



by the Board are codified in 2 



Mailing Address: 

Standards Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3313 



Mailing Address: 

Veterinary Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7601 



8) Advisory Commission for the Museum of 
Natural Sciences 

The Advisory Commission for the Museum of 
Natural Sciences was created by G.S. 143-370. 
The nine-member Commission establishes poli- 
cies for the Museum and works to promote and 
develop the Museum and its resources. 

Mailing Address: 

Museum of Natural Sciences 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7430 



6) Genetic Engineering Review Board 

The Genetic Engineering Review Board was 
created by G.S. 106-769. The ten-member Board 
regulates the release and commercial use of ge- 
netically engineered organisms. The Board, 
through the Commissioner of Agriculture, issues 
permits for such activities, and also has the au- 
thority to levy civil penalties for violations of the 
Genetically Engineered Organisms Act. 

Mailing Address: 

Genetic Engineering Review Board 

Plant Industry' Di\ision 

North Carolina Department of Agriculture 

P.O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-6930 



7) North Carolina Public Livestock Market 
Advisory Board 

The North Carolina Public Livestock Market 
Advisory Board was created by G.S. 106-407.1. 
The eiglit-member Board serves in an advisory 
capacity to the Commissioner of Agriculture and 
the Board of Agriculture on issues which relate 
to the livestock markets and proposes rule 
changes related to this area. The Board also is 
required to attend any hearing for a license to 
operate a public livestock market. 



9) Structural Pest Control Committee 

The Structural Pest Control Committee was 
created by G.S. 106-65.23. The six-member 
Committee is authorized to adopt rules to regu- 
late Structural Pest Control activities. The 
Committee is an occupational licensing board for 
Structural Pest Control operators in North 
Carolina. Rules promulgated by the Committee 
are codified in 2 NCAC 34. The Committee has 
the authority to assess civil penalties and to deny, 
revoke, suspend or modify the license, certified 
applicator's card or identification card of any 
person adjudged to have violated the Law or 
regulations. 

Mailing Address: 

Secretary, 

Structural Pest Control Committee 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleiah, NC 27611 

Telephone: (919) 733-6100 



10) North Carolina Pesticide Board 

The Pesticide Board was created by G.S. 
143-436. The seven-member Board is authorized 
to adopt rules and regulations which govern the 
non-structural application, sale, disposal, and 
registration of pesticides and the licensing and 
certification of pesticide applicators. The Board 



6:10 NORTH CAROLINA REGISTER August IS, 1991 



524 



.S T-l TEMENTS OF ORGANIZA TION 



is an occupational licensing board with respect 
to commercial pesticide applicators and private 
pesticide applicators. Rules promulgated by the 
Board are codified in 2 NCAC 9L. The Board 
has the authority to access civil penalties and to 
suspend, revoke, deny or modify the licenses of 
persons adjudged to have violated the Law or 
regulations. 

Mailing Address: 

Secretary, 

North Carolina Pesticide Board 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3556 



1 1 ) Pesticide Advisory Committee 

The Pesticide Advisory Committee was created 
by G.S. 143-439. The nineteen-member Com- 
mittee is appointed by the Pesticide Board. The 
Committee serves in an advisory capacity to the 
Commissioner of Agriculture and the Pesticide 
Board on technical questions submitted to it and 
the development of rules and regulations which 
relate to pesticides. 

Mailing Address: 

Pesticide Advisory Committee 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3556 



12) North Carolina Plant Conservation Board 

The North Carolina Plant Conservation Board 
was created by G.S. 106-202.14. Four members 
of the seven-member Board are appointed by the 
Governor and the remaining members are ap- 
pointed by the Commissioner of Agriculture. 
The Board is authorized to adopt rules and reg- 
ulations which classify plant species as either en- 
dangered, threatened or of special concern when 
necessary, and regulate the handling of classified 
phmts. Rules promulsjated by the Board are 
codified in 2 NCAC 10." 

Mailing Address: 

Plant Protection Section 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleidi, NC 27611 

Telephone: (919) 733-6930 



13) North Carohna Plant Conser\'ation Sci- 
entific Committee 

Ihe North Carolina Plant Conservation Scien- 
tific Committee was created by G.S. 106-202.17. 
The ten-member Committee serves in an advi- 
sory capacity to the North Carolina Plant Con- 
servation Board on matters relating to plant 
species classified as either endangered, threatened 
or of special concern. 

Mailing Address: 

Plant Protection Section 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleisih, NC 27611 

Telephone: (919) 733-6930 



14) North Carolina Agricultural Finance Au- 
thority 

The North Carohna Agricultural Finance Au- 
thority was created by G.S. 122D-4. The ten- 
member Finance Authority is empowered to 
pro\ide capital and credit at interest rates within 
the financial means of persons and businesses 
engaged in agriculture and agricultural exports. 

Mailing Address: 

Secretary, North Carolina 

Agriculture Finance Authority 

North Carolina Department of 

Agriculture 

Smte 406 

19 West Hareett Street 

Raleigh, NC 27601 



15) North Carohna Grape Growers Council 

The North Carolina Grape Growers Council 
was created by G.S. 106-750. The eleven- 
member Council is appointed by the Commis- 
sioner of Agriculture. Ihe Council promotes the 
growth and development of North Carolina's 
grape and wine industry. 

Mailing Address: 

Secretar\', North Carolina 

Grape Cjrowers Council 

Markets Division 

North Carolina Department of 

Aoiculture 

P. OT Box 27647 

Raleidi, NC 27611 

Telephone: (919) 733-7136 



525 



6:10 i\ORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



16) Rural Rehabilitation Corporation Board 
of Directors 

The Rural Rehabilitation Corporation Board 
of Directors was created by G.S. 137-31.3. The 
nine-member Board acts as the governing body 
of the North Carolina Rural Rehabilitation Cor- 
poration which serves as a social and fmancial 
instrumentality in assisting to rehabilitate farm 
families by enabling them to secure subsistence 
and gainful employment from the soil. 

Mailing Address: 

Secretary, Rural Rehabilitation 

Corporation 

Fiscal Management Division 

North Carolina Department of 

Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-2113 



Mailing Address: 

Secretary, Northeastern Farmer's 

Market Advisory Board 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 



19) Southeastern North Carolina Farmer's 
Market Commission 

The Southeastern North Carolina Farmer's 
Market Commission was created by G.S. 
106-727. The nine-member Commission is em- 
powered to establish a farmer's market in south- 
eastern North Carolina that will facilitate the sale 
and marketing of agricultural commodities 
produced in the area. The Commission also 
serves in an advisory capacity to the Commis- 
sioner of Agriculture on the operation of the 
market. 



17) Northeastern North Carolina Farmer's 
Market Commission 

The Northeastern North Carolina Farmers 
Market Commission was created by G.S. 
106-720. The nine-member Commission is em- 
powered to establish a farmer's market in north- 
eastern North Carolina that will facilitate the sale 
and marketing of agricultural commodities 
produced in the area. The Commission also 
serves in an advisory capacity to the Commis- 
sioner of Agriculture on the operation of the 
market. 

Mailing Address: 

Chairman, Northeastern North 

Carolina Farmer's Market Commission 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 



18) Northeastem Farmer's Market Advisory' 
Board 

The Northeastem Farmer's Market Advisor}' 
Board was created by G.S. 106-721. The Board 
consists of one member from each of the counties 
served by the Northeastem North Carolina 
Farmer's Market, appointed by the Commis- 
sioner of Agriculture. The Board serves in an 
advisory capacity to the Northeastem North 
Carolina Farmer's Market Commission. 



Mailing Address: 

Chairman, Southeastern North Carolina 

Farmer's .Market Commission 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 



20) Southeastern Farmer's Market Advisory 
Board 

The Southeastern Farmer's Market Advisor)' 
Board was created by G.S. 106-728. The Board 
consists of one member from each of the counties 
served by the Southeastern North Carolina 
Farmer's Market, appointed by the Commis- 
sioner of Agriculture. The Board serves in an 
advisory capacity to the Southeastern North 
Carolina Farmer's Market Commission. 

Mailing Address: 

Secretarv', Southeastern Farmer's 

.Market Advisory Board 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 



21) Grading Ser\'ice Advisory Committee 

The Grading Service Advisory Committee was 
established by the Commissioner of Agriculture 
pursuant to G. S. 143B- 10(d). The seven- 
member committee is appointed by the Com- 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



526 



STA TEMENTS OF ORGANIZA TION 



missioner of Agriculture and includes persons 
knowledgeable in the area of grading of fruits, 
vegetables and peanuts. The purpose of the 
Committee is to advise the Department of Agri- 
culture on establishment of fees for grading ser- 
vices. 

Mailing Address: 

Division of Marketing 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7576 



22) Tobacco Research Commission 

The Tobacco Research Commission was cre- 
ated by G. S. 106-568.3. The five-member 
Commission includes the Commissioner of Ag- 
riculture and representatives of farm organiza- 
tions. The Commission directs the expenditure 
of funds derived from a special assessment on 
tobacco for research and dissemination of re- 
search information concerning tobacco. 

NORTH CAROLINA OFFICE OF THE 
STATE AUDITOR 

300 North Salisbury Street 

Raleigh, North Carolina 27603-5903 

Telephone: (919) 733-3217 

FAX: (919) 733-8443 

The State Auditor is a constitutionally elected 
official of the State of North Carolina. He is the 
administrative head of the State Auditor's Office 
and is a member of the Council of State. 

The State Auditor is the independent auditor for 
state go\emment and all audits are conducted 
under the authority of /Vrticle 5A of General 
Statute 147 and the Federal Single Audit Act of 
1984. An important part of the audit function 
is the annual audit of the general purpose state- 
ments included in the State of North Carolina's 
Comprehensive /Vnnual F^inancial Report. This 
is an aimual report that is widely circulated 
throughout the nation and is heavily relied upon 
by bondholders and federal authorities. /Vnothcr 
equally important audit function is the Single 
Audit. The State Auditor's Office is responsible 
for the auditing of all federal monies that flow 
both through and to the state, ensuring compli- 
ance with the federal and state guidelines. This 
report is also performed on an annual basis. 

In addition, the State Auditor's Office conducts 
performance audits on state programs and activ- 
ities and reports on the economy, efficiency and 



effectiveness of operations along with whether 
they achieve intended results. 

The State Auditor's Office also has a telephone 
"Hotline" for receiving reports of alleged in- 
stances of fraud, waste, and abuse in state gov- 
ernment. That number is (919) 733-3276. The 
"Hotline" division is dedicated to the investi- 
gation of these alleged violations to determine if, 
in fact, fraud, waste, or abuse has occurred or is 
occurring in state government. 

The State Auditor's Office employs 151 people 
and is managed by the State Auditor and the 
Chief Deputy State Auditor. The audit staff is 
comprised of approximately 135 professionals 
and is supervised by two Deputy State Auditors 
and six audit managers. 

The State Auditor also administers the North 
Carolina Firemen's and Rescue Squad Workers' 
Pension Fund. The fund has a current mem- 
bership of 25,067 active and 5,614 retired mem- 
bers. The Pension Fund telephone number is 
(919) 733-3275. 

NORTH CAROLINA DEPARTMENT OF 

ECONOMIC AND CO.MMLN.ITY 

DEVELOP.MENT 

The Department of Economic and Community 
Development was established as part of the State 
Government Reorganization Act of 1971. At 
that time, the Department consisted almost en- 
tirely of regulator}' agencies and Employment 
Security Commission. 

In 1977, the economic development divisions, 
state ports, and energy programs were merged 
into the Department of Economic and Commu- 
nity Development. Thus, for the first time, all 
major state government programs designed to 
develop and promote economic development in 
North Carohna were consolidated within one 
department. 

The regulator)' agencies use their authority in- 
dependently of the Economic and Community 
Development department, including holding 
hearings and engaging in rule making. The de- 
partment provides administrative services for 
those regulatory agencies. 

Among the Department's most important non- 
regulator>' agencies are its five Economic Devel- 
opment Di\isions. Supervised by the Secretary 
and the North Carolma Board of Economic De- 
velopment. The divisions are: 



527 



6:10 NOR TH CAROLINA REGIS TER 



August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



Business/Industry Development Division. This 
division is North Carolina's lead industrial 
recruitment and business assistance agency. Its 
staff works closely with other public and private 
development organizations to encourage the 
growth and expansion of North Carolina's exist- 
ing companies, as well as to attract new industries 
to the state. The Division operates a statewide 
office in Raleigh and nine regional field offices. 

International Division. As its name impUes, the 
department's International Division is primarily 
responsible for North Carolina's foreign trade. 
With representatives in Tokyo, Japan, 
Dusseldorf, West Germany, Hong Kong and 
Toronto Canada, the division helps foreign firms 
interested in establishing new business operations 
in North Carolina, and assists Tar Heel fums in 
marketing products and services overseas. 

Travel and Tourism. The division promotes 
North Carolina as a vacation destination. The 
purpose of the division is to increase travel ex- 
penditures in North Carolina, create additional 
employment and personal income for those em- 
ployed by the Travel Industr>', and to strengthen 
the overall economy of the state. This is 
achieved by conducting the state travel advertis- 
ing campaign, servicing travel inquires, and 
producing a public relations program on behalf 
of the state. Sports Development is a new aspect 
of this division. 

Film Office. Estabhshed in 1980 to encourage 
and assist motion picture and television pro- 
duction activity throughout the state, the office 
operates as a specialized unit of economic devel- 
opment under the direction of the Secretary'. 
Primary targets of the office's recruitment pro- 
gram are major Holl>'wood studio productions, 
television commercials, and independent theatri- 
cal and television films. 

Other non-regulator>' agencies housed within 
the Department of Economic and Community 
Development and important to North Carolina's 
overall economic development are: 

State Ports Authority. North Carolina operates 
state ports at Wilmington and Morehead City 
and leases operation of a small harbor at 
Southport as well as the Charlotte Intermodal 
Terminal in Charlotte. Ships from most of the 
world bring or pick up goods at the Morehead 
City and Wilmington Ports. Under the direction 
of The State Ports Authority Board, the State 
Ports Authority promotes the use of North 
Carolina's ports, oversees construction of facili- 



ties at the ports, and operates ports services, such 
as cranes to unload the goods off the ship. 

Energy Division. Duties and responsibilities are 
to serve as the principal agency in state govern- 
ment to promote energy efficiency, prepare and 
implement emergency energy plans, prepare en- 
ergy forecasts, provide energy information, sup- 
port the Energy Policy Council, and provide 
energy pohcy support to the Governor. 

Employment Security Commission. Adminis- 
ters the North Carolina Employment Service, 
North Carolina's unemployment insurance pro- 
gram, and prepares labor market information. 

The Commission's Employment Service pro- 
vides job placement services to all members of 
the public, including interviewing, counseling, 
testing, job development, and referral. Special- 
ized services are available to the handicapped, the 
aged, youth, veterans, and to migrant and sea- 
sonal farm workers. The Employment Service 
is also involved in the administration of such 
federal programs as Work Incentive (WIN), Vet- 
erans Employment Service (VES). 

The unemployment insurance program provides 
benefits to workers unemployed through no fault 
of their own. The ESC determines entitlement 
to benefits and makes payments to eligible 
claimants. The agency also administers federal 
unemployment insurance programs such as Fed- 
eral Supplemental Benefits (FSB); Special Un- 
employment Assistance (SUA); Unemployment 
Compensation for Federal Employees (UCEE), 
and others. 

The Labor Market Information division of ESC 
statistical department compiles figures on unem- 
ployment and employment in wages, projected 
occupational needs, and other data. This infor- 
mation is used by federal and state officials, 
planners, and prospective employers for a variety 
of purposes. 

Technological Development Authority. Pro- 
vides direct seed capital fmancing for North 
Carolina small businesses developing new or im- 
proved products and processes. The authority 
also provides direct grants to nonprofit 
community-based organizations estabUshing 
small business 'incubator' facihties designed to 
house and support new small businesses in their 
earliest stages of development. 

REGULATORY AGENCIES 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



528 



STA TEMENTS OF ORGANIZA TION 



Regulatory' agencies housed in the Department 
of Economic and Community Development in- 
clude: 

Alcoholic Beverage Control Commission. Re- 
sponsible for controlling all aspects of the sale 
and distribution of alcohoUc beverages in North 
Carolina. The State's system is unique among 
the 50 states because of more than 152 separate 
county and municipal ABC Boards which are 
responsible for the sale of alcoholic beverages in 
the counties of cities or the State. In each case 
a vote of the people was required to establish the 
system. 

Banking Commission. Regulates and supervises 
the acti\itics of the 49 banks and their 874 
branches chartered under the laws of North 
Carolina. The Commission is responsible for the 
safe conduct of business; the maintenance of 
public confidence; and the protection of the 
banks' depositors, debtors, creditors, and share- 
holders. The staff of the Office of Commissioner 
of Banks conducts examinations of all state- 
chartered banks and consumer finance licensees; 
processes applications for new banks, applica- 
tions for branches of existing banks, and all ap- 
plications for licenses. In addition, the Office of 
Commissioner of Banks supervises the state's 
bank holding companies. Sale of Checks Act 
licensees, and pre-need burial trust fund licensees. 

Burial Commission. Supervises and audits 280 
North Carolina mutual burial associations, which 
have approximately one-half million members. 
A mutual burial association is a nonprofit cor- 
poration that pays a limited amount toward 
burial expenses. 

Cemeten, Commission. Regulates and super- 
vises the activities of cemeteries, cemeter>- man- 
agement organizations. cemetery sales 
organizations, cemetery brokers, and individual 
pre-need cemetery sales people licensed under the 
laws of North Carolina. Its principal function is 
to conduct examinations of all licensed ceme- 
teries. It also authorizes the establishment of and 
licenses cemeteries, cemetery sales organizations, 
cemetery management organizations, cemeter)' 
brokers, and pre-need salespeople. 

Credit I nion Commission. Supervises and reg- 
ulates the operations of 192 state chartered credit 
unions, which ser\'e over 450,000 members. Its 
staff conducts annual examinations of all credit 
unions to insure proper bookkeeping and com- 
pliance with the law. 



Industrial Commission. Administers the Work- 
ers' Compensation Act (^'C G.S. 97-1, et seq.) ; 
the State Tort Clamis Act (NC G.S. 143-291, et 
seq. ): and the Law Enforcement Officers', Eire- 
men's and Rescue Squad Workers' Death Benefit 
Act (NC G.S. 143-166.1, et segj. Additionally, 
the Commission has been charged with the re- 
sponsibility for administering the Childhood 
Vaccine- Related Injury Compensation Program 
(NC G.S. 130-422, et se£j, effective October 1, 
1986. The Commission administratively handles 
approximately 200,000 claims per year and con- 
ducts trials in nearly 5,000 contested claims an- 
nually. 

Rural Electrification .Authority. Supervises 28 
electric membership corporations and 9 tele- 
phone membership corporations in the state to 
see that they apply their rules and regulations on 
a non-discriminator>' basis to individual North 
Carolinians. It also acts as an ombudsman for 
member complaints and as the liason between 
the membership corporations and the United 
States Rural Electrification Administration for 
federal loans. All loan applications must first 
have the approval of the North CaroUna Rural 
EHectrification Authority Board before they can 
be considered by the federal Rural Electrification 
Administration. 

Savings Institutions Commission. Regulates 
and supervises savings and loan associations 
chartered under the laws of North Carolina. Its 
principal functions are to supervise and to ex- 
amine all state-chartered savings and loan asso- 
ciations and to process applications for new 
charters, branches, mergers, and acquisitions. 

Utilities Commission. Regulates rates of various 
utilities. It also in\estigates customer complaints 
regarding utility operations and services. The 
seven member Commission has jurisdiction over 
public electric, telephone, natural gas, water and 
sewer companies, passenger carriers, freight car- 
riers, and railroads. 

L tilitites Commission Public Staff. Created by 

the legislature in 1977, the Pubhc Staff represents 
customers in rate cases and other utilities matters. 
This independent staff appears before the Com- 
mission as an advocate of the using and con- 
suming public. 

Together, the Economic and Community De- 
velopment Department's regulator." and non- 
regulator>' agencies now employ appro.ximately 
2,600 workers: roughly 2,000 of these are housed 
in the Employment Security Commission. Tlie 
Department's annual budget, not including Em- 



529 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



ployment Security, totals around $70,000,000, 
roughJy $9,250,000 of which is federal funds. 
The Employment Security Commission, which 
is funded entirely by the federal government, op- 
erates on an annual budget of approximately 
$67,000,000. 

In summary, the North Carolina Department 
of Economic and Community Development 
serves the public in a variety of ways. 

By recruiting new industry, encouraging the de- 
velopment of small businesses and other existing 
firms, and promoting tourism and international 
trade, the Department encourages the creation 
of new jobs and other forms of economic op- 
portunity which contribute to North Carolina's 
overall quahty of life. 

Through the Employment Security Commis- 
sion, the Department administers North 
Carolina's unemployment insurance program 
and provides free job placement services for 
North Carolina citizens. 

Finally, Economic and Community Develop- 
ment's regulatory agencies work to assure fair 
and equitable treatment for consumers and pro- 
ducers throughout the state's economy. 

BOARDS WITHIN THE DEPARTMENT OF 

ECONOMIC AND COMMLMTY 

DEVELOPMEM 



ALCOHOLIC BEVERAGE CONTROL 
COMMISSION 

(G.S. I8B-200, I8B-203) 

The Alcoholic Beverage Control Commission 
is an agency of the North Carolina Department 
of Economic and Community Development. 
The Commission consists of a chairman, and two 
associate members who meet monthly to review 
cases and other matters under its jurisdiction. 

The Commission performs the following duties: 



4. 



Administers the ABC laws; 
Provides for enforcement of the ABC laws, 
in conjunction with the ALE Division; 

Sets the prices of alcoholic beverages sold 
in local ABC stores; 

Requires reports and audits from local 
boards; 

Determines what brands of alcoholic 
beverages may be sold in this State; 

Contracts for State ABC warehousing and 
the distribution of liquors; 
Disposes of damaged alcoholic beverages; 



8. Removes for cause any member or em- 
ployee of a local board; 

9. Supervises or disapproves purchasing by 
any local board and inspects all records of 
purchases by local boards; 

10. Approves or disapproves rules adopted by 
any local board; 

1 1 . Approves or disapproves the opening and 
location of ABC stores; 

12. Issues ABC permits, and imposes sanctions 
against permittees; 

13. Provides for the testing of alcoholic 
beverages; 

14. Fixes the amount of bailment charges and 
bailment surcharges to be assessed on liquor 
shipped from the Commission warehouse 
and collects those charges from local boards; 

15. Provides for the distribution of spirituous 
liquor to armed forces installations within 
this State for resale on the installations. 

The Commission is located at 3322 Gamer 
Road in Raleigh. 

The mailing address is: 

PO Box 26687 

Raleigh, NC 27611-6687 

Telephone (919) 779-0700 

COMMISSIONER OF BANKS 

(G.S. 53-92) 

Purpose: To charter, Ucense, and supervise 
state-chartered banks, industrial banks, trust 
companies, consumer fmance Hcensees, pre-need 
burial licensees, and sale of checks act licensees. 

To take charge of or to close insolvent banks, 
industrial banks, and trust companies. 

To sue or defend in actions necessary or proper 
to the discharge of his office. 

To exercise powers under supervision of Bank- 
ing Commission. 

To keep records of all official acts, ruUngs, and 
transactions. 

Composition: Appointed by Governor. Gen- 
eral Assembly confirmation required. 

Term: 4 years. 

STATE BANKING COM.MISSION 

(G.S. 53-92) 

Purpose: On request, provide for hearings be- 
fore the Commission in connection with banking 
laws. 

Super\ise, direct and review the actions of the 
Commissioner of Banks. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



530 



STA TEMENTS OF ORGANIZA TION 



Composition: 12 appointed by Governor (five 
are practical bankers and seven represent the 
borrowing public), 1 appointed by General As- 
sembly upon recommendation of President of the 
Senate (practical banker), 1 appointed by Gen- 
eral Assembly upon recommendation of Speaker 
of the House of Representati\'es (representing the 
borrowing pubhc) and 1 ex officio (State Treas- 
urer). 

Term: 4 years. 

Officers: Chairman is State Treasurer. 

NC MLTLAL Bl Rl AL ASSOCI.\TION 

COMMISSION 

(BLRIAL COMMISSION) 

(G.S. 58-241.8) 

Purpose: Supen.'ise all burial associations au- 
thorized to operate in NC, to determine that such 
associations are operated in conformity. 

To assist the Burial Association .Administrator 
with prosecution of violations. 

Counsel and advise the Administrator in per- 
formance of his duties and to protect the interest 
of members of Mutual Burial Associations. 

Composition: 5 members - 1 appointed by 
Governor and 4 elected by Burial .Associations 
(authorized by the Statutes.) 

Term: 5 years. 

Officers: Chairman is elected by Commission. 
Secretary- - Bunal Association Administrator. 

CAPE FEAR Rl\ ER NAMGATION .\ND 
PILOTAGE COMMISSION 

(G.S. 76-1) 

Purpose: Make and establish rules and regu- 
lations for the qualifications, arrangements, and 
stations of pilots. 

To prescribe, reduce and limit the number of 
pilots necessary to maintain an efTective pilotage 
ser\'ice for the Cape Fear River and Bar. 

To organize all pilots Hcensed by it into a mu- 
tual association. 

Examination and licensing of pilots for the Cape 
Fear Ri\er and Bar. 

Appoint and regulate pilots' apprentices. 

Grant permission to any pilot in good standing 
and authorized to pilot vessels, to run regularly 
as pilots on steamers rurming between the port 
of Wihnington and other ports of the U.S. 

Cancel Ucenses. 



To hear and determine any matter of dispute 
between pilots and masters of vessels or between 
pilots themselves. 

Retire pilots from active service. 

Composition: 5 members appointed by Gover- 
nor. (At least 4 residents of New Hanover county 
and none shall be licensed pilots.) 

Term: 4 years. 

Officers: Chairman designated by the Governor 

to sen.'e at his pleasure. 

CEMETERY COMMISSION 

(G.S. 65-50) 

Purpose: To regulate and supervise the activ- 
ities of cemeten,- companies, cemeter>' sales 
and or management organizations, cemetery 
brokers and individual selling pre-need cemetery 
property that comes within the jurisdiction of the 
NC CemetePv' Act. 

Composition: 7 members - appointed by Gov- 
ernor. (2 owners or managers of cemeteries in 
NC, 2 pubhc members who have no financial 
interest in and are not involved in management 
of any cemetery or funeral related business, 3 
members selected from 6 nominees submitted by 
the NC Cemetery Association.) 

Term: 4 years. 

Officers: Chairman and Vice Chairman elected 
by Commission. 

CREDIT UNION COMMISSION 

(G.S. 1438-439) 

Purpose: Re\'iew, approve or modify any 
action taken by the administrator of Credit Un- 
ions. 

To hear an appeal from a ruling order or deci- 
sion of the Administrator which any credit union 
feels aggrieved. 

To fix a date, time, and place for hearing of the 
appeal and ser\'e notice upon the Administrator. 

Composition: 7 members appointed by Gover- 
nor. (3 with at least 3 \ears of experience as 
Credit Union Directors or m management of 
State-chartered Credit Unions. No 2 persons 
shall be residents of the same senatorial district, 
no person shall be on a Board of Directors or 
employed by another t>pe of fmancial institution, 
and no person shall serve on the Commission for 
more than two complete consecutive terms.) 



531 



6:10 yORTH CAROLINA REGISTER August 15, 1991 



57".^ TEMENTS OF ORGANIZA TION 



Terms: 4 years. 

Officers: Chairman elected by and from mem- 
bership. 

ECONOMIC DEVELOPMENT BOARD 

(G.S. I43B-434) 

Purpose: Formulate a program for the eco- 
nomic development of the State of NC and assist 
the Secretary of Economic and Community De- 
velopment in carrying out his duties and powers 
in matters relating to existing industry, the 
recruitment of industry and the expansion of the 
travel and tourism industries. 

Members serve on four committees: Travel and 
Tourism (3490), International Committee, Busi- 
ness Assistance Committee, Industrial Commit- 
tee. 

Composition: 25 members appointed by Gov- 
ernor, Lt. Governor and the Speaker of the 
House. 

Term: 4 years. 

Officers: Chairman and Vice Chairman desig- 
nated by the Governor. Secretary of Economic 
and Community Development serves as Secre- 
tar>'. 

EMPLOYMENT SECURITY COMMISSION 

(G.S. 96-3) 

Purpose: To reduce and prevent unemploy- 
ment. 

To encourage and assist in the adoption of 
practical methods of vocational training, retrain- 
ing and guidance. 

To investigate, recommend, advise and assist in 
the estabUshment and operation of reserves for 
public works to be used in times of business de- 
pression and unemployment. 

To promote the reemployment of unemployed 
workers. 

To distribute the Commission's regulations, 
general rules and its biennial reports to the Gov- 
ernor. 

Composition: 7 members appointed by Gover- 
nor, one of whom is designated by the Governor 
as Chairman. 

Term: 4 years for Commissioners; Chairman 
serves at the pleasure of the Governor. 

Officers: Chairman is appointed by the Gov- 
ernor. 



EMPLOYMENT SECURITY COMMISSION 
ADVISORY COUNCIL 

|G.S. 96-4(e)| 

Purpose: Aid the Employment Security Coun- 
cil in forming policies and discussing problems 
related to the administration of Employment Se- 
curity, and in assuring impartiality and freedom 
from pohtical influence in the solution of such 
problems. 

Composition: No specified number of members 
appointed by Governor. (An equal number of 
employees and employers who represent the 
State because of their vocation, employment or 
affiliation. Public members may be designated.) 

Term: Pleasure of Governor. 

ENERGY POLICY COUNCIL 

(G.S. I13B-3) 

Purpose: To develop and recommend to the 
Governor a comprehensive long-range State en- 
ergy policy to achieve maximum effective man- 
agement and use of present and future sources 
of energy. 

To conduct an ongoing assessment of the op- 
portunities and constraints presented by various 
uses of all forms of energy and to encourage the 
efficient use of all such energy. 

To continually review and coordinate all State 
government research, education, and manage- 
ment programs and educate and inform the gen- 
eral public. 

To recommend to the Governor and to the 
General Assembly needed energy legislation and 
the changes for implementation. 

Composition: 18 members - 9 appointed by 
Governor; 2 by the President of Senate, 2 by the 
Speaker of the House, and 5 Ex officio. (2 Rep- 
resentatives, 2 Senators, 1 experienced in the 
electric power industr>', 1 experienced in the na- 
tural gas industry, 1 petroleum marketing indus- 
try, 1 economic analysis of energy requirements, 
1 environmental protection, 1 industrial energy 
consumption, 1 alternative sources of energy, 1 
city government, and 1 county government. Ex 
officio - Chairman of NC Utilities, Commis- 
sioner of Agriculture, Secretary of Natural Re- 
sources and Community Development, 
Secretaries of Economic and Community Devel- 
opment and Administration or their designees). 

Term: 4 years. 

Officers: Chairman appointed by Governor. 
Vice Chairman elected from and by membership. 



6.70 NORTH CAROLINA REGISTER August 15, 1991 



532 



STA TEMENTS OF ORGANIZA TION 



N. C. HAZARDOUS WASTE MANAGEMENT 
COMMISSION 

(G.S. 130B) 

The Hazardous Waste Management Commis- 
sion was created under Chapter 130B of the 
General Statutes to provide for the siting, con- 
struction and operation of hazardous waste facil- 
ities in North Carolina. Tlie Commission is 
created to encourage the development of hazard- 
ous waste facilities which are needed in this State 
through the efforts of private enterprise. To the 
extent that private enterprise fails to provide such 
facilities, the Commission is authorized to site, 
design, fmance, construct, operate, oversee, ac- 
quire, hold, sell, lease, or convey needed hazard- 
ous waste facilities as authorized by the 
Governor. 

The Commission shall assist the Governor with 
the negotiation of interstate agreements for the 
management of hazardous waste. The Commis- 
sion shall make recommendations to the Gover- 
nor as to the technology, design capacity, 
operational features, and post-closure require- 
ments of authorized hazardous waste facilities. 

The Commission shall adopt, consistent with 
the rules of the Commission for Health Services 
and pursuant to Chapter 150B of the General 
Statutes, rules specifying the criteria and proce- 
dures for evaluating alternative locations for, and 
siting of, hazardous waste facilities. Site selection 
procedures and criteria are based on those set 
forth in Chapter 130B-1 1 of the General Statutes. 
The Commission shall actively seek communities 
interested in hosting hazardous waste facilities, 
and shall give first priority to the evaluation of 
potential sites located in communities interested 
in hosting a hazardous waste facihty. With re- 
spect to any potential site located in a county 
interested in volunteering to host a facility, the 
site selection criteria set out in Chapter 
130B-1 1(c)(1) and (2), or any other criteria which 
are discretionary with the Commission, may be 
waived, if such waiver would not have a signif- 
icant impact on the economic viability of the fa- 
cility, and if such waiver would not adversely 
affect pubhc health or safety or the cn\ironment. 

The Commission is composed of nine members. 
Members of the General Assembly, the Board, 
the Commission for Health Services, and mem- 
bers or employees of any State or federal agency, 
board, or commission which exercises regulatory 
authority with respect to any activity of the 
Commission shall be ineligible for appomtment 



to membership on the Commission. The Gov- 
emor shall appoint five members to the Com- 
mission, including the offices of Chairman and 
Vice-Chairman. All appointments made by the 
Governor shall be for a term of four years. The 
General Assembly shall appoint four members, 
two upon recommendation of the Speaker of the 
House of Representatives and two upon recom- 
mendation of the President Pro Tempore of the 
Senate. All appointments made by the General 
Assembly shall be for a term of two years. The 
Commission shall meet at least quarterly at such 
time and place within the State as the Commis- 
sion may provide. 

INDUSTRIAL COMMISSION 

(GS. 97-1 et seq.) 

(G.S. 143-291 et seq.) 

(G.S. 143-166.1 ct seq.) 

Purpose: The Industrial Commission adminis- 
ters the Workers' Compensation Act; the State 
Tort Claims Act; the Law Enforcement Officers', 
Firemen's and Rescue Squad Workers' Death 
Benefit Act; and the Childhood Vaccine- Related 
Injury compensation Program. 

Ihe Commission administratively processes 
non-contraverted matters under the various Acts 
and serves as a court in the hearing of contested 
matters arising under the same statutes. 

Com|)osition: 3 members appointed by Gover- 
nor. The Commission employs Deputy Com- 
missioners, who are subject to the State 
Personnel Act. Ihe Deputy Commissioners 
hold hearings and render decisions in contested 
cases. 

Term: Commissioners serve 6 year terms, with 
one of the three terms expiring every two years. 

Officers: Chairman is appointed by and serves 
at the pleasure of the Governor. 

MOREHEAD CITY NAVIGATION AND 
PILOTAGE COMMISSION 

(G.S. 76-1) 

Purpose: .Make and estabhsh rules and regu- 
lations for the qualification, arrangements, and 
stations of pilots. 

To govern the number of pilots necessary to 
maintain an effective pilotage service for the 
Morehead City Harbor and Beaufort Bar. 

Examination and licensing of pUots for the 
Morehead Harbor and Beaufort Bar. 

Appoint and regulate pilots' apprentices. 

Set charges for pilotage rates. 

Cancel and suspend licenses. 



5B 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



To have jurisdiction over any matter of dispute 
between pilots or matters related to navigation in 
regulated areas. 

Retire pilots from active service. 

Composition: 3 residents of Carteret County 
appointed by Governor (none shall be licensed 
pilots or immediate family) and representative 
maritime interests serving as ex officio, non- 
voting member. 

Term: 3 years. 

Officers: Chairman designated from voting 
membership by Governor. 

N.C. NATIONAL PARK, PARKWAY AND 
FOREST DEVELOPMENT COLNCIL 

(G.S. 143B-447) 

Purpose: To promote the development of that 
part of the Smoky Mountains National Park ly- 
ing in NC; the completion and development of 
the Blue Ridge Parkway and the development of 
Nantahala and Pisgah national forests. 

To study the development of these areas and to 
recommend a policy that wUl promote the entire 
mountain section of NC with emphasis upon 
scenic and recreational resources and the en- 
couragement of the location of federal govern- 
ment and governments of adjoining states about 
federal areas and projects in this section. 

Advise and confer with interested individuals 
and organizations. 

Study the need for additional entrances to the 
Great Smoky Mountains National Park and file 
them with the National Park Service of the fed- 
eral government and the NC Departments of 
Transportation and Economic and Community 
Development. 

Composition: 7 members appointed by Gover- 
nor. (1 resident from each of the following 
counties; Buncombe, Hay'wood, Jackson and 
Swain. 3 residents of counties adjacent to the 
Blue Ridge Parkway, the Great Smoky Moun- 
tain National Park or the Pisgah or Nantahala 
National Forests). 

Term: 4 years. 

Officers: Chairman elected by Commission. 

PORTS AUTHORITY 

(G.S. 143B-452) 

Purpose: Promote, develop, construct, equip, 
maintain, and operate the harbors and seaports 



within the State of within the jurisdiction of the 
state. 

To aid the shipment of freight and commerce 
through the ports. 

To increase the movement of waterbome com- 
merce, foreign and domestic, to and through and 
from the harbors and ports. 

Composition: 1 1 members - 7 appointed by 
Governor; 2 by the Lt. Governor; and 2 by the 
Speaker of the House. (No member shall live in 
a House or Senate District containing a port. 
Speaker and Lt. Governor's appointees each 
serve 2 years.) 

Term: 6 years. 

Officers: Chairman and Vice Chairman ap- 
pointed by Governor. 

PORTS RAILWAY COVLMISSION 

(G.S. I43B-469) 

Purpose: To operate and control all railway 
equipment and railway operations transferred to 
it by the State Ports Authority. 

To make agreements as to scale of wages, sen- 
iority and working conditions with railroad em- 
ployees. 

To apply for and accept loans. 



Composition: 

Governor. 

Term: 4 years. 



5 members appointed by the 



Officers: Chairman designated by the Governor 
to serve at his pleasure, Vice Chairman elected 
by and from membership, general manager se- 
lected by the commission with the approval of 
the Governor. 

RURAL ELECTRIFICATION 
AUTHORITY 

(G.S. 117-1) 

Purpose: To secure electrical and telephone 
service for the rural districts of the State where 
ser\ice is not now being rendered. 

To review, approve, disapprove or cause to have 
modified all loan applications from the 28 rural 
electric and the nine rural telephone cooperatives 
prior to their submission to the federal Rural 
Electrification Administration. To respond to 
all complaints of consumers receiving service 
from these electric and telephone systems. 



Composition: 

nor. 



5 members appointed by Gover- 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



534 



STA TEMENTS OF ORGANIZA TION 



Term: 4 years. 

Officers: Chairman and Secretarv' are elected 
by the Board. 

SAVINGS INSTITUTIONS COMMISSION 

(G.S. 54-24-1) 

Purpose: To review, approve, disapprove or 
modify any action taken by the Administrator of 
the Savings Institutions Commission. 

Advise and assist the Administrator. 

Review recommendations of the Administrator 
regarding each application for permission to es- 
tablish a new savings and loan association in the 
State and by majority vote approve or disapprove 
the recommendations of the Administrator. 

Composition: 7 members appointed by Gover- 
nor. (2 members currently sening as managing 
officers of state associations. At least 4 members 
representatives of the borrowing public and not 
employees or directors of any ilnancial institu- 
tion). 

Term: 4 years. 

Officers: Chairman and Vice Chairman are 
elected by the Commission. 

SEAFOOD INDUSTRIAL PARK AUTHORITY 

(G.S. 11.3-315.25) 

Purpose: To develop and improve Wanchese 
Seafood Industrial Park and other such places, 
including inland ports and facihties for a more 
expeditious and efficient handling of seafood 
commerce. 

To acquire, construct, equip, maintain, develop, 
and improve the port facilities. 

Stimulate the shipment of seafood commerce 
through these ports, including the investigation 
and handling matters of transportation rates and 
rate structures. 

To generally aid in the development and im- 
provement of seafood industnal parks of the 
State of NC and to increase the movement of 
waterbome seafood commerce, foreign and do- 
mestic, to, through and from seafood industnal 
parks. 

Composition: 1 1 members - 9 appointed by 
Go\emor; 1 by President of the Senate; and I 
by the Speaker of the House ( 1 Senator, 1 Rep- 
resentative, 1 resident of village or town where 
park is located, 2 members from area where park 
is located, 5 at-large who represent other sections 



of State, no less that 5 members from coastal 
counties). 

Term: 4 years. 

Officers: Chairman and Vice chairman are ap- 
pointed by Governor. 

TECHNOLOGICAL DEVELOPMENT 
AUTHORITY 

(G.S. I43B-471) 

Purpose: to increase the rate at which new jobs 
are created in all regions of the state by stimulat- 
ing the development of existing and new small 
businesses. 

Apply for and accept grants of money from the 
United States, the State of North Carolina, or 
any political subdivision thereof, or from any 
person, corporation, foundation or trust. 

Establish 'incubator' facilities to house and 
support small business concerns which are be- 
ginning, and to make one-time matching grants 
(not to exceed $200,000) to nonprofit corpo- 
rations affiliated with local colleges, universities 
and technical institutes to aid in the creation of 
such facilities. 

To provide equity financing for the research ac- 
tivities of new and existing small businesses 
leading to the development of new or improved 
products or ser%ices. 

To make agreements with recipient businesses 
to ensure proper use of Authority awards and 
receipt of royalties, where appropriate. 

Composition: 12 members, 8 appointed by the 
Governor, 2 by the Lt. Governor, and 2 by the 
Speaker of the House. Consideration given to 
qualifications in technical fields as well as expe- 
rience in entrepreneurial business and capital 
formation. 

Term: 4 years, except 2 years for Speaker's ap- 
pointments. No members may serve more than 
two complete, consecutive four year terms. 

Officers: Chairman designated by Governor to 
serve at his pleasure, Vice chairman elected from 
and by membership. 

UTILITIES COMMISSION 

(G.S. 62-10) 

Purpose: Exercise the power and authority to 
supervise and control the public utilities of the 
State. 

Supervise the rates charged and service rendered 
by all public utilities in the state. 



5^5 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



Employ qualified personnel to serve as members 
of its staff. 

Composition: 7 members appointed by gover- 
nor with General Assembly coniirmation. 

Term: 8 years. 

Officers: Chairman appointed by Governor 

every four years. 

UTILITIES COMMISSION 

(PUBLIC STAFF) 

(G.S. 62-15) 

Purpose: Review, investigate, intervene, and 
make recommendations to the Commission re- 
lating to matters affecting the using and con- 
suming public. 

Composition: 78 employees. Executive Director 
appointed by Governor with General Assembly 
confirmation. Executive Director hires employ- 
ees, including professional, administrative, tech- 
nical, and clerical personnel. 



Officers: 

term. 



Executive Director serving 6 year 



The following information is the process a citi- 
zen of North Carolina could seek information 
from the various divisions and agencies in the 
Department of Economic and Community De- 
velopment: 



Utilities Commission, 



430 N. SaHsbury St., 

Raleigh, NC 27611, Contact Person, Bob 
Wells*, 733-4249; Utilities Commission- Public 
Staff, 430 N. Salisbury St., Raleigh, NC 2761 1, 
Contact Person, Robert Gruber, 733-2435; In- 
dustrial Commission, 430 N. Salisbur>' St., 
Raleigh, NC 27611, Contact Person, Phil 
Wilson, 733-4820; Banking Commission, 430 N. 
Salisbury St., Raleigh, NC 27611, Contact Per- 
son, Doris Perry, 733-3016; Savings Institutions 
Commission; 430 N. Sahsbury St., Raleigh, NC 
27611, Contact Person, Ron Raxter, 733-3525; 
Credit Union Commission, 430 N. Salisbury St., 
Raleigh, NC 27611, Contact Person, Roy 
High**, 733-7501; Rural Electrification Author- 
ity, 430 N. Salisbur)' St., Raleigh, NC 27611, 
Contact Person, Arch Hathcock, 733-7513; Mu- 
tual Burial Assoc. Commission, 430 N. Salisbur}' 
St., Raleigh, NC 27611, Contact Person, 
Virginia Harris, 733-3403; Cemetery Commis- 
sion, 430 N. Salisbury St., Raleigh, NC 27611, 
Contact Person, Bill Gladden, 733-4915; Alco- 
holic Beverage Control Commission, 3322 Old 
Gamer Rd., Raleigh, NC 27610, Contact Per- 
son, Ann Fuhon, 779-0700; Energy Division. 430 



N. Salisbury St., Raleigh, NC 27611, Contact 
Person, Chris Mogensen, 733-2230; Employment 
Security Commission, 700 Wade Ave., Raleigh, 
NC 27605, Contact Person, Tom Whitaker, 
733-7546. 

*Through June 30, 1987 
**Through August 31, 1987 

NORTH CAROLINA DEPARTMENT OF 
CORRECTION 

The North Carolina Department of Correction 
is authorized under Article III, Section 1 1 of the 
Constitution of North Carolina as a principal 
department of State government. Pursuant to 
the Executive Organization Act of 1973, the De- 
partment is organized to include the Board of 
Correction, the Division- of Adult Probation and 
Parole, the Division of Prisons, and the Parole 
Commission. In 1974, the General Assembly 
created the Inmate Grievance Commission as an 
autonomous agency within the Department. 

The primary responsibility of the Department 
is to provide for the control and rehabilitation of 
criminal offenders committed to its custody. 

The administrative head of the Department is 
the Secretary of Correction, who is appointed by 
and serves at the pleasure of the Governor. 

The Board of Correction shaU assist the Secre- 
tary in the development of priorities and major 
programs within the Department. Board mem- 
bers are appointed by and ser\'e at the pleasure 
of the Governor. 

The Division of Adult Probation and Parole is 
responsible for the supervision of probationers 
and parolees within the state. Additionally, it 
operates seven pre-release and aftercare centers 
which are designed to facihtate social adjustment 
of the former offender. The pubhc may obtain 
information from the Division at 1307 Glenwood 
Avenue, Suite 260, Raleigh, North Carolina and 
by telephone at (919) 733-2957. 

The Division of Prisons is responsible for the 
management and operation of 92 prison facilities 
for the state prison system. It is divided into five 
commands: Eastern Geographic, Western Ge- 
ographic, Youth Services, Female Command and 
the Specialized Institution Command. The 
public may obtain information from the Division 
of Prisons at 831 West Morgan Street, Raleigh, 
North Carolina, 27603, and by telephone at (919) 
733-3226 or (919) 733-4926. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



536 



57-.^ TEMENTS OF ORGANIZA TION 



The North Carolina Parole Commission is 
comprised of five full-time members appointed 
by the Go\'emor. It is an autonomous agency 
within the Department. The Parole Commission 
determines parole eligibility and assists the Gov- 
ernor's Office with commutation and pardons. 
It is also authorized to revoke or suspend paroles. 
The public may obtain information from the 
Parole Commission at 831 West Morgan Street, 
Raleigh, North Carolina, 27603, and by tele- 
phone at (919) 733-3414. 

The Inmate Grievance Resolution Board is 
comprised of five members appointed by the 
Governor. The purpose of this Board is to pro- 
vide inmates with an administrative process for 
resolution of grievances or complaints. The 
pubUc may obtain information from the Inmate 
Grievance Resolution Board at 1307 Glenwood 
Avenue, Suite 260, Raleigh, North Carolina, 
27605, and by telephone at'(919) 733-2957. 

The public may obtain information about and 
make submissions or requests to the Department 
of Correction in person at 214 West Jones Street, 
Raleiah, North Carolina. 27603-1337, and by 
telephone at (919) 733-4926. 

NORTH CAROLINA DEPARTMENT OF 
CULTURAL RESOURCES 

The North Carolina Department of Cultural 
Resources was created in 1971. The first cabinet 
level agency of its kind in the United States, the 
new department brought together a number of 
existing councils, commissions, and agencies for 
the first time. 

The mission of the Department of Cultural 
Resources is to ennch the cultural, educational, 
and economic well-being of citizens and visitors 
to North Carolina through the preservation, de- 
\elopment, promotion, and dissemination of ar- 
tistic, historical, and informational resources. 

This is done through the operation of the De- 
partment's three major divisions: .Archives and 
IIistor>', the State library, and the ,-Vrts Council, 
and two semi-autonomous agencies, the Mu- 
seum of .Art and the North Carolina Symphony. 

NORTH CAROLINA STATE BOARD OF 
ELECTIONS 



and ballots and registration forms as prescribed 
by law. 

The State Board must hear and act on com- 
plaints on failure or neglect of a Board of 
Elections as well as conduct investigations and 
hearings on complaints of fraud and irregularities 
in any elections or the Campaign Reporting Act, 
preparing presentations to Grand Juries. 

The Campaign Reporting Office provides the 
public with campaign disclosures of campaign 
contributions and expenditures by candidates and 
committees and provides supervision of County 
Boards of Elections. 

OFFICE OF THE GO\ ERNOR 

The Office of the Governor is one of the 19 
major departments in the Executive Branch of 
State Government. The Office is comprised of 
such personnel as the Governor needs to carry- 
out his functions as chief executive officer of the 
State and director of the budget. 

The foUowing divisions and personnel of the 
Office of the Governor are located in the Ad- 
ministrative Building, 116 West Jones Street, 
Raleigh, NC 27603: The Governor's Office of 
Citizen Affairs; Ombudsman's Office; Office of 
Budget and Management; Boards, Commissions 
and Personnel Appointments; Senior Education 
Ad\isor; Non-Public Education; Special Assist- 
ant for Minority /Affairs; Science Advisor; Gen- 
eral Counsel; Legal Counsel; Special Counsel; 
Legislative Counsel; Legislative Services; Execu- 
tive Advisor; and Agriculture Advisor. 

TTie Governor's Chief of Staff, Deputy Chief of 
Staff, Scheduler, Personal Secrctan,-, and Com- 
munications Office are located at the State Capi- 
tol Building, Raleigh, NC 27603. 

The Governor's Eastern Office is located at P. 
O. Box 985, New Bern, NC 28560. 

The Governor's Western Office is located at 
Hav-wood Building, Suite 300, 46 Havvvood 
Street, Asheville, NC 28801. 

The Governor's Washington OtTice is located 
at 444 B, Capitol Street, NW, Washington, DC 
20002. 



The State Board of Elections ser\'es the 
electorate by appointing and training County and 
Municipal Election Officials prior to each pri- 
mar>' and election as mandated by law, providing 
copies of all election laws, rules and regulations. 



Tlie Governor's Mansion is located at 200 N. 
Blount Street, Raleigh, NC 27601. 

Mailing Address: 
Office of the Governor 



537 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



ST A TEMENTS OF ORGANIZA TION 



1 16 West Jones Street 

Raleigh, NC 27603-8001 

Telephone: (919) 733-5811 

NORTH CAROLINA DEPARTMENT OF 
HUMAN RESOURCES 

The North Carolina Department of Human 
Resources is one of the principal departments in 
the Executive Branch of State government. Its 
mission is to deliver or oversee the delivery of 
human services to the citizens of North Carolina 
and to participate in the development of human 
resources in the State. 

To accomplish these objectives, the Department 
of Human Resources works to obtain needed 
legislation in the subject areas under its authority, 
adopts rules to govern the administration of its 
programs, and charmels State and Federal funds 
to many local grantees and provider agencies in 
the service delivery system. As the supervision 
of programs and the allocation of funds carry 
with them significant responsibilities, the De- 
partment of Human Resources performs moni- 
toring and enforcement functions as well. 

The Secretary of the Department of Human 
Resources, the administrative head of the agency, 
is appointed by the Governor and sen'es at the 
pleasure of the Governor. 

The Department of Human Resources is di- 
vided into the foUowing divisions: 

(1) Division of Agjng; 

(2) Division of Facility Services; 

(3) Division of Economic Opportunity; 

(4) Division of Medical Assistance; 

(5) Division of Mental Health, Develop- 
mental Disabilities and Substance Abuse 
Services; 

(6) Division of Services for the Blind; 

(7) Division of Social Services; 

(8) Division of Vocational Rehabilitation 
Sendees; 

(9) Di\'ision of Youth Services; and 

(10) Division of Ser\'ices for the Deaf and 
Hard of Hearing. 



Members of the public may obtain information 
from and make submissions or requests to the 
Department of Human Resources by communi- 
cating with the agency in writing or in person at 
101 Blair Drive, Raleigh, North Carolina 27603 
or by calling 1-800-662-7030. Inquiries con- 
cerning specific programs or subject areas within 
the purview of the Department of Human Re- 
sources may also be directed to the appropriate 
division. 

NORTH CAROLINA DEPARTMENT OF 
INSURANCE 

The Department of Insurance regulates the var- 
ious kinds of insurance sold in North Carolina 
and the companies and agents that sell it. 

Specifically, the Commissioner and the Depart- 
ment: 

• Oversee the formation and operation 
of insurance companies 

• Enforce fmancial standards for their 
Ucensing and operations 

• Regulate premium rates insurers may 
charge, the language in their 
insurance policies, and their risk 
classification systems 

• Require periodic fmancial disclosures 
by insurers and agents 

• Provide for audits of insurers in 
order to monitor their solvency 

• License and regulate agents, brokers, 
and claims adjusters 

• Determine what kinds of insurance may 
be sold in this State 

• Provide information and assistance to 
insurance consumers who may be 
having problems with their coverage 

• Prohibit unfair and deceptive trade 
practices by persons in the 
business of insurance. 

• PLBLIC SERVICES GROUP 

The AGENTS SERVICES DIVISION licenses 
and regulates insurance agents, adjusters, brokers, 
and damage appraisers; reviews applications for 
and oversees licensing examinations; and main- 



6:10 NORTH CAROLINA REGISTER August 15, 1 99 1 



538 



STA TEMENTS OF ORGANIZA TION 



tains a file on ever>' licensed mdi\'idual doing 
business in North Carolina. 

The CONSUMER SERVICES DIVISION helps 
North Carolina consumers get answers to their 
insurance questions and resolve their insurance 
problems. A large staff of consumer specialists 
advises and acquaints consumers with courses of 
actions they may pursue to solve their particular 
problems. 

• COMPANY SERVICES GROLP 



panics, professional bail bondsmen and runners, 
collection agencies, and motor clubs. It also in- 
vestigates all related complaints. 

The INVESTIGATIONS DIVISION investigates 
criminal and civil violations of the State's insur- 
ance laws. Requests for investigations come 
from within the Department and from consum- 
ers, law enforcement agencies, local. State, and 
federal agencies, and insurance companies. 

• SAFETY SERVICES GROUP 



The FINANCIAL COMPLIANCE DIVISION 
monitors the solvency of insurance companies; 
reviews admission applications of foreign, do- 
mestic, and surplus lines companies seeking to 
do business in the State; audits domestic and 
foreign insurance organizations; and helps assure 
the solvency and stability of employers and em- 
ployer groups that self-insure their workers' 
compensation Uabilities. 

The ACTUARIAL SERVICES DIVISION assists 
in the review of rate, form, and statistical filmgs. 
It also conducts actuarial studies for fmancial 
evaluation of insurers and is involved in special 
projects and studies. 

The INFORNLATION SYSTEMS DI\ISION is 

responsible for all Departmental data processing, 
word processing, office automation, and data and 
voice communications. 

• TECHNICAL SERVICES GROUP 

The PROPERTY AND CASUALTY DIVISION 

reviews homeowners, farmowners, automobile, 
workers' compensation, and other personal and 
commercial property or casuality insurance poli- 
cies, rates, and rules. It also Licenses rating, ad- 
visor)', and underwriting organizations. 

The LIFE, AND HEALTH DIVISION reviews 
rate, rule, and poUcy form fdings made by hfe and 
health insurance companies. It also administers 
advertising and life insurance replacement regu- 
lations. 

The MARKET CONDUCT DIVISION monitors 
insurance company behavior in the marketplace 
and its effect on consumers. It also conducts 
field examinations of the market practices of 
insurers and their representatives. 

• REGULATORY SERVICES GROUP 

The SPECIAL SERVICES DIN'ISION licenses 
and regulates insurance premium fmance com- 



The ENGINEERING DIVISION admimsters the 
State Building Code. Providing staff to the N.C. 
Building Code Council and the N.C. Code Offi- 
cials Qualifications Board, it comprises seven 
sections: Code Consultant, Electrical, .Mechan- 
ical, Modular, Inspector Certification, Building 
Code Council, and Accessibility, which oversees 
compliance with accessibility requirements for 
the handicapped. 

The MANUFACrURED HOUSING DIVISION 

sees that construction standards for manufac- 
tured homes are complied with and that warranty 
obligations under State law are met. It monitors 
the handling of consumer complaints, licenses 
the makers, dealers, sales representatives, and 
set-up contractors of manufactured homes and 
provides staff services to the N.C. Manufactured 
Housing Board. 

The STATE PROPERTY FIRE INSURANCE 
FUND DIVISION administers the self-insurance 
fund for State-owned property and vehicles. It 
coUects premiums from those State agencies re- 
sponsible for payment, investigates claims, ad- 
justs losses, and pays losses with Council of State 
approval. 

The RISK MANAGE.MENT DIVISION assists 
local governments with property and casualty 
insurance programs and provides staff and re- 
search services to the Public Officers' and Em- 
ployees' Liability Insurance Commission. It is 
also charged with making available a plan of 
professional liability coverages for law enforce- 
ment officers, public officials, and employees of 
any pohtical subdivision of the State. 

The FIRE AND RESCUE SER\ICES DIVISION 

administers the Firemen's Relief Fund, trains fire 
departments and rescue squads, and works to 
improve fire and rescue protection in conjunction 
with the N.C. Firemen's Association and N.C. 
Association of Rescue Squads. It also adminis- 
ters matching grants to volunteer fire depart- 



559 



6:10 NORTH CAROLINA REGISTER August 15, I99I 



STA TEMENTS OF ORGANIZA TION 



ments and rescue squads and offers fire 
prevention education in the public schools. 



BOARDS AND COMMISSIONS IN THE 
DEPARTMENT 

• N.C. Self-Insurance Guaranty 
Association 

• N.C. Code Officials Qualifications 
Board 



• N.C. Building Code Council 

• N.C. Manufactured Housing Board 

• N.C. Health Insurance Trust 
Commission 



• N.C. Medical Database Commission 

• N.C. Fire and Rescue Commission 

• N.C. Public Officers' and Employees' 
Liability Insurance Commission 

SPECIAL PROGRAMS AND SERVICES 

• SENIORS' HEALTH INSURANCE INFOR 
MATION PROGRA.VI-SHIIP has trained thou- 
sands of adults in nearly ever>' county in the State 
to counsel senior citizens in the areas of Medi- 
care, Medicare supplement and long-term care 
insurance policies, and claims procedures. 

• OFFICE OF MINORITY ASSISTANCE -OMA 
provides assistance to minorities, women, and 
economically disadvantaged persons, profes- 
sionals, and businesses. 

• N.C MEDICAL DATABASE COMMISSION - 

The Commission serves as a public source of 
data for analyzing health issues and for making 
decisions about the planning, management, de- 
livery, and purchase of health care services. 

• MARKET ASSISTANCE PROGRAM- Begun 
as a result of an availability crisis in commercial 
liability insurance, MAP helps individuals and 
businesses locate needed coverages. 

• REGIONAL OFFICES- The Department's of- 
fices in New Bern and Asheville have brought the 
fuU range of Department services closer to the 
public. 

NORTH CAROLFNA DEPARTMENT OF 
JUSTICE 



2 West Morgan Street 
Raleigh, North Carolina 

The North Carolina Department of Justice was 
created under the provisions of General Statutes 
Chapter 114. The Department is under the 
supervision and direction of the Attorney Gen- 
eral, who is elected by the qualified voters of the 
State for a four-year term pursuant to /Vrticle III, 
§ 7 of the North Carolina Constitution and is a 
member of the Council of State. The Depart- 
ment is organized into five principal subdivisions. 

ADMINISTRATION DIVISION - (733-3377) 

Administration provides administrative services 
and support to the other branches of the De- 
partment of Justice. It is comprised of the: 

(1) Office of the Controller; 

(2) Budget Section; 

(3) Personnel Section; 

(4) Purchasing/Property Section. 

LEGAL SERV ICF.S DIVISION 

Legal Services is comprised of approximately 
165 attorneys together with support staff of 
paraprofessionals, secretaries, and clerical em- 
ployees. The Division provides a complete range 
of legal services to State agencies, boards, and 
commissions and to State officials and employees 
in matters arisiag out of their official duties. It 
also provides services to certain local agencies 
and officials. The Legal Division is divided into 
divisions and sections, which generally relate to 
areas of legal specialization. 

(1) The Administrative Division, comprised 
of the: 

Collections Section (733-4029) 

Elections Section (733-6026) 

Health and Public Assistance Section 
(733-4618) 

Human Resources and Medical Facilities 
Section (733-4618) 

Legislative Drafting and Codification Sec- 
tion (733-6026) 

Real Estate Section (733-9580) 

Ser\'ice to State Agencies Section (733-6026) 

Tort Claims Section (733-3805) 



(2) The Ci\il Division, comprised of the: 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



540 



STA TEMENTS OF ORGANIZA TION 



Highwav Section (733-3316) 
Labor Section (733-4721) 
Property Control Section (733-7408) 
Motor Vehicles Section (733-3254) 
Revenue Section (733-3252) 

(3) The Criminal Di\ision, comprised of the: 

Appellate Section (733-6012) 
Correction Section (733-7188) 
Crime Control Section (733-7952) 
Federal Habeas Corpus Section (733-3109) 
Medicaid Investigations Section (733-5760) 
Special Prosecutions Section (733-2011) 

(4) The Trade and Commerce Division, 
comprised of the: 

Consumer Protection/Antitrust Section 

(733-7188) 
Environmental Section (733-5725) 
Utilities Insurance Section (733-6118) 

(5) Special Litigation Education (733-3786 / 
733-7387) 

POLICY AND PI BI-IC AFFAIRS DIVISION 

(733-3377) 

This branch is instrumental in developing 
internal and external policy for the Department 
and provides liaison between the Department 
and the media, the legislature, and the general 
public. 

TRAININC AND STANDARDS DIMSION 

(733-3377) 

The Division promotes professional develop- 
ment and integrity in the criminal justice pro- 
fessions through developing standards for 
employment and certification and pro\iding pro- 
fessional training and technical assistance. The 
Division provides coordinated staffing support to 
various boards, commissions, and associations in 
the criminal justice field, provides criminal justice 
training courses and instructional resources, pro- 
vides pohce legal advice to local agencies, and 
publishes current material of interest to those in 
the criminal justice field. The Division is com- 
prised of the: 

(1) Criminal Justice Standards Division 
(733-2530) 



(3) Justice Officers' Standards Division 
(733-9236) 

(4) law Enforcement Liaison Section 
(733-4723) 

The Division administers, in addition, the Infor- 
mation Services Section, which provides techni- 
cal assistance, maintenance, and training related 
to the office automation network of the Legal 
Ser\'ices Division. The Section's telephone 
number is 733-9236. 

Members of the public may obtain information 
or make requests to the Department of Justice 
by writing to the North Carolina Department of 
Justice, P.O. Box 629, Raleigh, North Carolina 
27602 or by calling (919) 733-3377. Inquiries 
concerning specific subject areas may be directed 
to the appropriate division or section as listed 
above. Persons desiring to communicate with 
the State Bureau of Investigation should use the 
address or telephone numbers set out below. 

STATE BLREAL OF INVFSTIG.\TION 

3320 Old Gamer Road 

Raleigh, North Carolma 27610-5698 
Telephone (919) 779-1400 

Tiiis division of the Department of Justice is 
charged with the responsibility for providing 
methods for identification and apprehension of 
criminals, for the scientific analysis of evidence 
of cnme, and preparation of evidence to be used 
in criminal courts. It also has a specific 
investigatory function with regard to certain types 
of crime when the investigation is ordered by the 
Governor and or the Attorney General. This 
function includes assisting sheriffs, poUce officers, 
district attorneys, and judges and investigating 
controlled substance \iolations, lynchings, mob 
violence, election fraud, Social Security fraud, 
gambling, theft or damage to State property, and 
other crimes specified in Article 4 of General 
Statutes Chapter 114. It has the added respon- 
sibility for coordinating and pro\iding inter- and 
intra-state commumcations among law enforce- 
ment agencies. The Bureau is comprised of the: 

(1) Administrative Division (779-1400) 

(2) Field Investigation Division (779-1400) 

(3) Crime Laboratory (779-1400) 



(2) Justice Academy, P.O. Drawer 99, 
Salemburg, N.C. 28385 (919) 525-4151 



(4) Di\ision of Criminal Information 

(733-3171) 



541 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



The Bureau provides administrative support to 
the: 

(1) Private Protective Ser\'ices Board 
(779-1611), which is responsible for the 
adoption and enforcement of regulations 
and standards and administration of stat- 
utes governing licensing, education, and 
training of persons, firms, and corpo- 
rations acting as or engaged in the busi- 
ness of providing private armed or 
unarmed security guards, including private 
investigators; and 

(2) Alarm Systems Licensing Board 
(779-1611), which is responsible for the 
adoption and enforcement of regulations 
and standards and administration of stat- 
utes governing licensing, education, and 
training of persons, firms, and corpo- 
rations engaged in the business of selling, 
instalUng, ser\'icing, or responding to 
alarm systems designed to detect unau- 
thorized entry or intrusion. 

NORTH CAROLINA DEPARTMENT OF 
LABOR 

The Department of Labor is an independent 
executive agency created under Chapter 95 of the 
North Carolina General Statutes. The depart- 
ment is responsible for promoting the safety, 
health and general weU-being of the industrial 
population of the state. The department admin- 
isters and enforces health and safety regulations, 
wage and hour laws, apprenticeship regulations, 
mine and quarry regulations, elevator, 
amusement device and aerial passenger tramway 
regulations, boiler and pressure vessel regu- 
lations, regulations for private employment 
agencies, the hazardous chemical right-to-know 
law and the migrant housing law. In addition, 
the department offers arbitration and mediation 
services for labor management disputes. 

The Commissioner of Labor, who is a member 
of the Council of State and elected by the people 
of the state for a term of four years, is the exec- 
utive and administrative head of the department. 
The Commissioner is assisted by an assistant 
commissioner and a special assistant for produc- 
tivity. 

The department is organized into three major 
groups, each under the supervision of a deputy 
commissioner. These groups are Administration 
and Regulation, Education and Training, and 
Health and Safety. 



The Administration and Regulation Group is 
supervised by the Chief Deputy Commissioner. 
This group is composed of the Arbitration, 
Conciliation and Mediation Division, the Private 
Personnel Service Division, the Research and 
Statistics Division, and the Wage and Hour Di- 
vision. 

The Arbitration, Conciliation and Mediation 
Division works to promote permanent labor- 
management peace and to protect the interests 
and rights of labor, management, and the people 
of the state by the prevention and prompt settle- 
ment of labor disputes. The division offers (1) 
voluntary arbitration services of labor disputes 
through its voluntary arbitration panel, (2) con- 
ciliation and mediation services in labor disputes, 

(3) educational services in labor relations, and 

(4) technical services in labor relations. 

The Private Personnel Services Division regu- 
lates and licenses private personnel services and 
job listing services by enforcing the provisions of 
the Regulation of Private Personnel Services Act 
and the Regulation of Job Listing Services Act. 

The Research and Statistics Division compiles 
and publishes comprehensive data on occupa- 
tional injuries and illnesses in the state. The di- 
vision also assembles and publishes monthly data 
on building activity in North Carolina by county 
and by cities. 

The Wage and Hour Division enforces the 
minimum wage, overtime, wage payment, and 
youth employment laws of the state. The divi- 
sion investigates worker complaints and coUects 
back wages due employees. 

The Education and Training Group is organized 
into two divisions: Apprenticeship and Training, 
and Pre-Apprenticcship. 

The Apprenticeship and Training Division pro- 
motes and monitors a broad range of appren- 
ticeship programs designed to train 
journeyman-level craftworkers to meet the de- 
mands of industries for high-skiUed workers. 
Apprenticeship programs are established with 
private employers or under the sponsorship of 
labor-management committees. Apprenticeships 
combine on-the-job experience with related 
technical training furnished by the individual 
employer or at a technical institute or commu- 
nity college. The division establishes standards, 
approves apprenticeship programs which meet 
established criteria, is a records depositor^' and 
issues completion certificates to citizens who 
complete apprenticeship training. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



542 



ST A TEMENTS OF ORGANIZA TION 



The Pre-Apprenticeship Division promotes op- 
portunities for skills training through on-the-job 
training programs, pre-apprenticeship programs, 
and skills up-grading programs. Division repre- 
sentatives meet employers to help design skill 
training programs designed to meet the employ- 
ers' needs. 

The Health and Safety Group is organized into 
six divisions: the BoUer and Pressure Vessel Di- 
vision, the Elevator and Amusement Device Di- 
vision, the Mine and Quarry Division, the 
Occupational Safety and Health Division and the 
Right-to-Know Division. 

The Boiler and Pressure Vessel Division regu- 
lates the construction, LnstaUation, repair, alter- 
ation, inspection, use and operation of vessels 
subject to the Uniform and Pressure Vessel Act 
of North Carolina. The division conducts peri- 
odic inspections, monitors inspection reports by 
certified insurance company inspectors, and is- 
sues operating certificates to owners and opera- 
tors whose equipment is found to be in 
compliance with the act. 

The Elevator and /Vmusement Device Division 
is responsible for the proper installation and safe 
operation of all elevators, escalators, workers' 
hoists, dumbwaiters, moving walks, aerial pas- 
senger tramways, amusement rides, inclined rail- 
ways and lifting devices for persons with 
disabilities which operate in public establish- 
ments and private places of employment. 

The Mine and Quarry Division enforces the 
Mine Safety and Health Act of North Carolina. 
The division conducts a program of inspections, 
education and training, technical assistance, and 
consultation to implement the Act. The division 
also assists mine and quarry operators to comply 
with the provisions of the 1977 federal Mine 
Safety and Health Act. 

The Occupational Safety and Health (OSH) 
Division administers and enforces the Occupa- 
tional Safety and Health Act of North Carolina 
which is a broadly inclusive law that applies to 
most private sector employment in the state, and 
to all agencies of state and local government. 
The division also administers a program for the 
registration and inspection of housing provided 
to migrant agricultural workers. In addition to 
enforcing the state OSHA standards, the program 
offers free consultative ser\'ices, education and 
training opportunities, and engineering assistance 
to employers under its jurisdiction. The OSH 
Division also administers the Safety Awards 



Program which recognizes private firms and 
public agencies which achieve and maintain good 
safety records. 

The Right-to-Know Division administers the 
North Carolina Hazardous Chemicals Right-to- 
Know Act of 1985 which requires all users of 
hazardous chemicals in amounts of at least 55 
gallons or 500 pounds to provide lists of these 
materials to local fire chiefs. 

Six advisory groups assist the Commissioner 
with policy development and program planning. 
These are the Apprenticeship Council, the Board 
of Boiler and Pressure Vessel Rules, the Industry 
Advisory Board, the Mine Safety and Health 
Advisory Council, and the Occupational Safety 
and Health Advisory Council, and the Private 
Personnel Services Advisory Council. A separate 
unit independent from the Department of Labor 
is the Occupational Safety and Health Review 
Board, which hears appeals of citations and pen- 
alties imposed by the OSH Division and whose 
members are appointed by the Governor. 

The public may obtain information from and 
make submissions or requests to the Department 
of Labor in person or by mail at 4 West Edenton 
Street, Raleigh, North Carolina 27601 or by 
telephone as follows; 

Administration 

- (919)733-7166 

Apprenticeship and Training Division 

(919) 733-7533 

Arbitration, Conciliation and Mediation 
Division 

(919) 733-7495 

Boiler and Pressure Vessel Division 
(919) 733-2383 

Budget and Purchasing 

(919) 733-7426 

Communications Division 

(919) 733-4904 

Elevator and Amusement Device Division 
(919) 733-7394 

Library 

(919) 733-2799 

Mine and Quarrv Division 
(919) 733-7428 



543 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



Occupational Safety and Health Division 
(919) 733-2486 

Personnel Division 

(919) 733-6943 

Pre-Apprenticeship Division 
(919) 733-6550 

Private Personnel Service Division 
(919) 733-4895 

Publications Division 
(919) 733-6590 

Research and Statistics Division 
(919) 733-4940 

Right to Know Division 
(919) 733-2658 , 

Safety Awards Program 

(919) 733-5683 

Wage and Hour Division 
(919) 733-2152 

THE DEPARTMENT OF CRIME 
CONTROL AND PUBLIC SAFETY 

The Department of Crime Control and Public 
Safety (CC&PS) was created in 1977 when the 
General Assembly passed legislation to restruc- 
ture the Department of Military and Veterans 
Affairs. As its name implies, CC&PS is com- 
prised of essential State services related to the 
well-being of North Carolina's more than seven 
million citizens. 

The Department ser\'es as the State's chief pro- 
tector and defender of the general public. Agen- 
cies of the Department enforce State laws--in 
particular those involving alcohol, drugs and 
traffic- -assist local agencies in preventing crime, 
and work to maintain an effective criminal justice 
system. 

The Department also protects the State's citi- 
zens from natural and manmade emergencies. 
By conducting pubhc awareness programs and 
training, and by preparing emergency response 
plans, CC&PS strives to prevent injuries and 
deaths. The Department coordinates the State's 
response to emergencies and directs relief efforts 
to disaster victims. 

The Department consists of the Office of the 
Secretarv'; four commissions: the Governor's 



Crime Commission, the N. C. Crime Victims 
Compensation Commission, the N. C. Emer- 
gency Response Commission, and the Gover- 
nor's Advisory Commission on MUitary Affairs; 
and nine divisions: Alcohol l^w Enforcement, 
Butner Public Safety, Civil Air Patrol, Crime 
Prevention, Emergency Management, the staff 
of the Governor's Crime Commission, N. C. 
National Guard, State Highway Patrol and Vic- 
tim and Justice Services. 

ALCOHOL LAW F.NFORCRMENT 

The Division of Alcohol Law Enforcement 
(ALE) enforces the State's laws governing the 
sale, purchase, manufacture, transportation, and 
possession of intoxicating liquors and controUed 
substances. Anyone who sells beer, wine or al- 
cohol in North Carolina must have a license. 
Before that hcense can be issued, an ALE agent 
must investigate the appUcant and the place 
where the products wiU be sold. Once the license 
is granted, ALE agents check back periodicaUy 
to ensure that no liquor or drug laws are being 
violated. 

With the passage of the Safe Roads Act of 1983 
and the drinking age change law of 1986, ALE is 
making a special effort to reduce the sale of al- 
cohol to anyone under the age of 21. ALE 
agents routinely conduct undercover operations 
to determine if licensed outlets are selling to mi- 
nors or intoxicated patrons. 

Enforcement is one part of an ALE agent's job. 
Public education and awareness are also impor- 
tant. ALE agents conduct Driving While Im- 
paired (DWI) Source Prevention seminars at 
which employees of outlets are instructed about 
the irresponsible serving of alcohol. Agents also 
speak to community, church, civic, professional, 
and school groups about alcohol laws and regu- 
lations. 

BLTNER PUBLIC SAFETY 

Butner Public Safety officers are trained to per- 
form a variety of functions, and their jurisdiction 
covers some 35 square miles. Officers patrol the 
streets of Butner and the grounds of government 
operations located there. They provide police 
and fire protection to the State and federal facili- 
ties, including the 4,600 acre National Guard 
Training Range and the Butner Eederal 
Correctional Facility, as well as the residential, 
business, and industrial community of Butner. 
An officer is also equipped with a drug dog, a 
Belaan Malinois, trained to search for narcotics. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



544 



STA TEMENTS OF ORGASIZA TION 



The di\ision traces its roots to the Camp Butner 
Fire Department set up in 1942 when Camp 
Butner was established as a U. S. /\rmy Training 
Camp. In 1947, the State purchased the property 
from the federal government for $1 and went 
about creating a center for the mentally ill, later 
named John L'mstead Hospital. As the complex 
and community grew, the staff was trained as 
both firefighters and policemen and the unit was 
renamed the Public Safety Department. It was 
transferred from the Department of Human Re- 
sources to CC&PS in 1981, and was renamed the 
Butner Public Safety Division. 

CIVIL .MR PATROL 

The Civil Air Patrol (CAP) is a volunteer or- 
ganization and an official auxiliary of the United 
States Air Force. The CAP has three missions 
of service to the pubUc: emergency sen,"ices, in- 
cluding communications, aerospace education 
and training, and a cadet training and motivation 
program. The CAP's best known activities are 
its search and rescue missions for missing or 
downed aircraft, and its providing of disaster re- 
lief assistance during emergencies. 

CAP personnel play a \ital role in the State's 
emergency' plan. Personnel fly aircraft for trans- 
portation and provide aerial photography and 
courier services. The Ci\'il .Air Patrol's commu- 
nications system provides back-up communi- 
cations during disasters. 

CAP also promotes aerospace education. In- 
terest is encouraged by membership in the CAP 
cadet program, which is a strong part of CAP's 
service to North Carolinians. It gives men, 
women, boys, and girls opportunities for leader- 
ship and education through aviation. Cadets 
regularly participate m dnUs and exercises to test 
each squadron's readiness to respond to a call for 
assistance. 

There are 39 squadrons in the North Carolina 
CAP wing. Many CAP members operate their 
own airplanes and fly at their own expense. 
.Membership dues, donations, grants, estates. 
State funds, and ,Air Force reimbursements ac- 
count for a large portion of the C.-\P budget. 

CRIME PRF\ ENTION 

The Crime Prevention Division works to pre- 
vent crimes against property, crimes of violence, 
and juvenile crimes m North Carolina. The di- 
vision provides crime prevention education to the 
citizens of North Carolina through various or- 
ganizations including law enforcement, schools, 



community groups, and the news media. The 
goal is to get citizens involved in the fight against 
crime by establishing school, community, county 
and statewide crime prevention programs. 

Staff members of the Crime Prevention Division 
keep track of changing crime trends and stay 
abreast of the latest State and national crime 
prevention programs. In addition to providing 
technical assistance to reduce crime, crime pre- 
vention specialists work toward reducing the fear 
of crime. 

A variety of crime prevention programs are 
promoted and coordinated by the division. 
These include Community Watch, Crime Pre- 
vention in Public Housing, Crime Pre\ention in 
Business, Sexual Assault Prevention, Child 
Safety, Crime Stoppers, \'outh Against Crime, 
Think Smart, and others. A variety of materials 
are available, free of charge, from the division. 

EMF.RC.ENCV MANAGEMENT 

The Division of Emergency Management is re- 
sponsible for protecting North Carolinians from 
the effects of disasters, natural and manmade. 
The division offers assistance to local and county 
officials through the State office and six area of- 
fices strategically located across North Carolina. 
Di\ision personnel coordinate with local govern- 
ments to develop emergency action plans for 
such hazards as chemical spills, fires, floods, 
tornadoes, hurricanes and nuclear incidents. 
These plans are routinely tested by communities 
during drills and table-top exercises with the as- 
sistance of the di\ ision's training staff. 

When an emergency arises or a disaster threat- 
ens, the State's response is directed by the State 
Emergency Response Team (SERTj. Repre- 
sentatives from ever>' State agency serve on the 
team, which works out of the Emergency Op>er- 
ations Center (EOC) in Raleigh. 

The Division operates the North Carolina Cen- 
ter for Missing Persons. Personnel trained in 
missing persons cases and search techniques are 
ready to respond in an emergency. The Division 
of Emergency Management administers and pro- 
vides staff to the N.C. Emergency Response 
Commission. The Commission was formed as 
required by the Superfund Amendments and 
Reauthorization Act, known as SARA. This act 
concems emergency planning and community 
right-to-know laws for potentially harmful mate- 
rials. Tlie 15-member Commission is responsi- 
ble for reviewing local emergency response plans 
to handle these materials in the event of an acci- 



545 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



dent at hazardous waste or chemical plants in the 

State. 

GOVERNOR'S CRIME COMMISSION 

The Governor's Crime Commission is the chief 
advisory board to the Governor and the Secretary 
of Crime Control and Public Safety on crime and 
justice issues. 

The Commission is made up of 40 members, 
including the heads of statewide criminal justice 
and human service agencies as well as represen- 
tatives from the courts, law enforcement, local 
government, and the Legislature. Juvenile justice 
officials and concerned citizens also serve on the 
Commission. 

As a coordinating and planning body, the 
Commission studies issues and make reports to 
the Governor on a wide range of criminal justice 
subjects and has been a force in the passage of 
such laws and programs as North Carolina's 
tough Driving While Impaired Law, Community 
Service Work Program, Community Watch Pro- 
gram, and Rape Victim Assistance Program. 
Community-based alternatives to prison, in- 
school suspension, juvenile court counselors, and 
computerized criminal justice information sys- 
tems were also recommended by the Commis- 
sion. 

The staff of the Govemor's Crime Commission 
is responsible for researching the issues under re- 
view by the Commission and writing the result- 
ing reports to the Governor, including a biennial 
legislative agenda which recommends statutory 
changes in criminal laws. 

The Division responds to daily requests for 
crime data and related information from other 
State agencies, the public, and the news media. 
Additionally, the Commission administers three 
federal grant programs totaling more than $11 
rrullion annually. These projects provide pro- 
gram funds in juvenile justice, victims services, 
drug enforcement, and criminal justice system 
improvements. 

NORTH CAROLINA N.\TIONAL GLARD 

The North Carolina National Guard, with its 
more than 13,500 members, has a dual role. It 
is a federal reserve force subject to the call of the 
President to perform national defense missions. 
The Guard is also on call at the Govemor's re- 
quest on the State level. 



Under the direction of the State Adjutant Gen- 
eral, Guard soldiers are trained and equipped 
with the military's most up-to-date weapons and 
aviation systems. 

As part of its peacetime mission, the National 
Guard assists the public in times of emergency 
or civil disorder. Guard aviation units support 
local governments in searching for missing per- 
sons, assisting law enforcement personnel with 
aerial searches for marijuana, fighting forest fires, 
and carrying drinking water to communities suf- 
fering from drought or contaminated water sup- 
plies. 

The North Carolina Army National Guard has 
more than 12,000 personnel assigned in over 100 
communities statewide. The North Carolina Air 
National Guard, with units in Baden and 
Charlotte, has more than 1,500 personnel. Also 
under the direction of the State Adjutant General 
is the State Defense Militia, a volunteer organ- 
ization which assists the State in emergencies or 
when Guard units are called to active duty. 

NORTH CAROLINA IIIGHVVAY PATROL 

Since 1929, the North Carolina State Highway 
Patrol has provided for the public safety by en- 
forcing motor vehicle and criminal laws on State 
roads. The Patrol is the largest State law 
enforcement agency, with more than 1,200 uni- 
formed members and more than 300 non- 
enforcement support personnel. It is a proud 
organization with a rich history. 

The Patrol is divided into eight troops with 
headquartered in Greenville, Fayetteville, 
Raleigh, Greensboro, Sahsbury, Newton, 
Asheville, and Monroe. Each headquarters has 
its own garage and communications center. That 
network provides statewide communications for 
all State, county, and local pubUc safety agencies. 

The Highway Patrol Training Center in Raleigh 
provides a rigorous Basic School for cadets and 
continuing education programs for ail Patrol 
personnel. Cadets undergo extensive training in 
all law enforcement subjects--including constitu- 
tional and criminal law--and are taught defensive 
and pursuit driving techniques on a modem 
track. 

One of the Patrol's primary goals is to remove 
impaired drivers from the highways. "Operation 
Eagle", a special enforcement program, has 
helped the Patrol set records for drunk driving 
arrests. The Patrol's Interstate Enforcement 
Team delivers concentrated traffic law enforce- 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



546 



STA TEMENTS OF ORGANIZA TION 



ment, accident investigation, and related sen'ices 
on North Carolina's nearly 1 ,000 miles of inter- 
state highway. Ihe team is specially trained in 
finding and arresting drug traffickers. 

State Troopers provide many necessary ser\.'ices 
to North Carolina, such as assisting stranded 
motorists, directing traffic at public events and 
providing security for the Governor and visiting 
dignitaries. The Patrol also plays a vital role in 
the State's emergency response plan. With its 
highly mobile force, the Patrol is one of the first 
State agencies to respond to emergencies. 

VICTIM AND .H STICK SFR\ ICKS 

The Division of Victim and Justice Services ad- 
ministers statewide victim and community ser\'ice 
programs. The victim programs include the 
Crime Victims Compensation Program. This 
program reimburses persons who suffer 
uninsured medical expenses and lost wages as a 
result of being crime victims. Victims may re- 
ceive a maximum of $20,000, plus an additional 
$2,000 for funeral expenses if the victim dies from 
the crime. Claims must be submitted to the N.C. 
Crime Victims Compensation Commission for 
verification and approval. 

Victims of rape and sexual assault may receive 
up to $500 in financial assistance through the 
Rape Victims Assistance Program. This pro- 
gram also underwrites a standardized rape evi- 
dence collection kit that is used by hospitals to 
collect evidence. 

The community service programs include Driv- 
ing ^^TliIe Impaired Community Ser\ice, First 
Offender Programs (Misdemeanor and Felony 
Di\ision), Court-Ordered Community Service, 
and Community Service Parole. The Division 
has field offices in each of the 36 judicial districts 
in North Carolina to administer these programs. 
The field staff is responsible for placing defend- 
ants in local, State, and non-profit agencies to 
perform free work as a condition of their sus- 
pended jail sentences, deferred prosecution, or 
parole. 

NORTH CAROLINA DEPARTMENT OE 

ENMRONMENT, HEALTH. AND 

NATURAL RESOl RCES 



To conserve our natural resources, protect the 
environment, and promote the pubhc health 
through effective education of and service to the 
public, the voluntary actions of well informed 
citizens and responsible organizations, and the 
equitable enforcement of laws and regulations. 
The mission is fulfilled through the following 
departmental goals: 

* Strengthen cooperative efforts with govern- 
mental agencies and other organizations in the 
deli\er> of high quality health, natural resource, 
recreational, and educational services. 

* Promote and understanding of natural 
ecosystems, the interdependence of living 
organisms, and the role of human activities in 
natural environments. 

* Enhance the health of our citizens and reduce 
the incidence of preventable disease, disability, 
and premature death through the application of 
proven, effective public health measures. 

* Restore, improve, and sustain the quality of 
air, water, and land resources. 

* Encourage the wise management of our na- 
tural resources so that they are available to the 
citizens of the state for present and future use. 

* Effectively and efficiently manage depart- 
mental resources to return the highest value of 
service to the citizens. 

The head of the Department is the Secretary 
who is appointed by the Governor and serv'es at 
the pleasure of the Governor. 

In addition to administrative functions, the De- 
partment is organized into the following divisions 
and programs: 

F.NMRONMFNTAL PROTECTION Dl\ ISIONS 

Division of Coastal Management 

Di\ision of Environmental .Management 

Division of Land Resources 

Division of Radiation Protection 

Division of Solid Waste Management 

Division of Water Resources 

Office of Waste Reduction 



P.O. Box 27687 

Raleigh, North Carohna 27611-7687 

(919) 733-4984 

MISSION STATEMENT 



PI Bt-IC HEALTH DJMSIONS 

Division of Adult I lealth Services 

Division of Postmortem Medicolegal 

Examination 

Division of Dental Health 



547 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



Division of Environmental Health 

Division of Epidemiology 

Division of Laboratory Services 

Division of Maternal and Child Health 

Office of Health Education 

NATLRAL RESOURCES DIVISIONS 

Division of Forest Resources 

Division of Marine Fisheries 

North Carolina Zoological Park 

Division of Parks and Recreation 

Division of Soil and Water Conservation 



mit decisions for consistency the North Carolina 
Coastal Management Program. Field services 
are provided from four regional district offices 
located in Elizabeth City, Washington, 
Morehead City and Wilmington. The field staff 
handles direct contact with CAMA major devel- 
opment permit applicants, including on-site 
evaluations of permit apphcations, and supports 
local government administration of the CAMA 
minor development permit program. The field 
staff is also responsible for enforcement actions 
against violators of permit conditions and other 
CAMA rules. 



The Wildlife Resources Commission and its 
staff are responsible to the Department for coor- 
dinating and reporting purposes. 

A detailed account of each division follows. 

EW IRONMENTAL PROTECTION 
DIVISIONS 



DIVISION OF COASTAL MANAGEMENT 

225 North McDowell Street - Cooper BuUding 

P.O. Box 27687 

Raleigh, NC 27611-7687 

(919) 733-2293 

The Division is responsible for implementing 
the North Carolina Coastal Management Pro- 
gram for the protection, preservation, orderly 
development and management of the state's 
twenty coastal counties. The Division provides 
staff support to the Coastal Resources Commis- 
sion and Coastal Resources Advisory Council 
created by the Coastal Area Management Act 
(CAMA) of 1974 (G.S. 113A-100 et seq.). The 
Division processes major development permits; 
determines consistency of state and federal grants 
and projects with the North Carolina Coastal 
Management Program; prepares guidelines for 
local land use planning in the coastal counties; 
administers grants to local goverrmients for 
planning, permitting and beach access programs; 
and manages coastal reserves as natural areas for 
research and education. 

ORGAXIZATION 

Permitting and Enforcement This section is re- 
sponsible for securing and reviewing state, federal 
and public comments on CAMA major devel- 
opment permit application, draftiag proposed 
decision documents, maintaining permit fde, and 
reviewing federal agency actions, grants, and per- 



Policv and Planning This section provides 
technical support for the Division and Coastal 
Resources Commission. Raleigh staff conducts 
studies and administers grants necessary to sup- 
port program operations, develops and evaluates 
proposed rules and policies for CAMA imple- 
mentation, and reviews proposed revisions to 
Area of Environmental Concern designations. 
Field staff provides technical assistance to local 
governments for land use plaruiing, beach access, 
and other local planning and management 
projects. The section assists in development of 
policy relating to such issues as wetlands, marina 
siting, public trust waters, cumulative impacts 
and resource evaluation. 

Coastal Reserves This section is responsible for 
the identification, acquisition, and management 
of critical coastal natural areas to be preserved in 
a natural state for future research and education. 
Located in Wilmington, the unit also coordinates 
research and education activities for six reserve 
sites: Zeke's Island, the Rachel Carson Reserve, 
the Currituck Banks Reserve, Masonboro Island, 
Permuda Island, and Buxton Woods. 

Public Information. This unit is responsible for 
education and public information services, in- 
cluding media contacts, presentations, work- 
shops, newsletters, journals, brochures, and 
related materials. 

COASTAL RESOURCES COMMISSION 

The Coastal Resources Commission was cre- 
ated to administer the Coastal Area Management 
Act of 1974. The Commission consists of 15 
members appointed by the Governor to provide 
expertise and experience on different subjects re- 
lated to coastal management. 

The Commission is responsible for developing 
a management program for the coastal area by 
designating Areas of Environmental Concem in 
the 20 coastal counties by adopting pohcies. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



548 



ST A TEMENTS OF ORGANIZA TION 



standards and guidelines for coastal development 
and natural resource protection, and by approv- 
ing local Kovemments' land use plans (N.C.G.S. 
113A-104"). 

COASTAL RESOURCES ADVISORY COLNCIL 

The Coastal Resources Advisory Council con- 
sists of not more than 47 members. The Council 
assists the Secretary of linvironment, Health, and 
Natural Resources and the Coastal Resources 
Commission in an advisory capacity on technical 
questions relating to the development of rules 
and policies, and other matters arising under the 
Coastal /\rea Management Act (N.C.G.S. 
113A-105). 

COASTAL RESERVE ADVISORY 
COMMITTEES 

An Advisory Committee has been formed for 
each fully acquired Coastal Reserve under the 
Coastal Reserve Program. Each committee in- 
cludes local officials, scientists, educators, adja- 
cent landowners and site users. Reference to 
these advisorv' committees is included in 15 
NCAC 70 .Oi04. 

DIVISION OF KWIKONMENTAL 
MANAGEMENT 

P.O. Box 29535 

Raleigh, NC 27626-0535 

(919) 733-7015 

The Division is responsible for comprehensive 
planning and management of the state's air, sur- 
face water, and groundwater resources. The Di- 
vision issues pennits to control sources of 
pollution; monitors compliance at permitted fa- 
cilities; evaluates ambient environmental quality; 
and pursues enforcement actions for violations 
of environmental regulations. 

ORGANIZATION 



State's surface waters at levels sufficient to pro- 
tect their best intended uses. The Section per- 
forms four major functions: water quality 
monitoring which provides data for permit issu- 
ance and compliance, water quality assessments 
and special projects; computer modeling which 
evaluates the impacts of proposed discharges and 
recommends protective wasteload allocations; 
permitting which sets permissible pollution levels 
for both discharging and nondischarging 
wastewater treatment systems; and planning 
uhich updates and maintains water quality 
standards and classifications and administers the 
State's nonpoint source pollution program. The 
Section will also initiate technical assistance or 
enforcement actions to correct permit or stand- 
ards violations. 

Laboratory Section. The Laboratory Section 
provides analytical services to support the air, 
water and groundwater programs in the Division 
tlirough two regional laboratories and a central 
laboratory. Lhe regional laboratories are prima- 
rily responsible for bacteriological and bio- 
chemical analyses. The central laboratory 
provides a much broader range of chemical ana- 
lyses. ITie Laboratory Section administers a 
certification program for commercial, municipal, 
and industrial laboratories performing wastewater 
analyses for permit holders. The laboratory staff 
also provides consultation assistance and limited 
training to municipalities and industries. 

Groundwater Section. The Groundwater Sec- 
tion protects gioundwater quality and promotes 
the wise management of the resource. The pro- 
gram objectives are threefold: 1) to prevent 
pollution by limiting the potential for the dis- 
charge of pollutants to the groundwaters; 2) to 
restore groundwater quality where impacted by 
man's activities; 3) to understand the factors 
and conditions affecting the use and availability 
of groundwater. 



Air Quality Section. The /Vir Quality Section 
conserves and protects the State's air resources. 
The section develops air quality standards and 
emission control standards, and monitors air 
contaminant sources. The section administers 
the federal regulations which have been delegated 
to the State by the linvironmental Protection 
Agency. By implementing the State and federal 
regulations designed to prevent significant deteri- 
oration, the section preserves the quality of clean 
air and the potenti;d for continued economic 
growlh. 

Water Quality Section. The Water Quality 
Section strives to maintain the quality of the 



The section issues permits for certain classes of 
wells and registers water well contractors and 
pump installers. 

Construction Grants. The Construction Grants 
Section helps local units of government finance 
wastewater pollution control facilities. It ad- 
ministers both the EPA Construction Grants 
Program and the Eederally seeded State Revolv- 
ing Fund (SRE) program which provide funding 
for wastewater treatment facilities. The Section 
provides technical review and certification for 
State funds under the N.C. Clean Water Re- 
volving Loan Program. It also serves as a re- 
source to local communities for providing 



!^49 



6.10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



diagnostic evaluations of wastewater treatment 
facilities through the Municipal Compliance Ini- 
tiative program. The Section also operates a 
Small Communities Outreach program to assist 
the State's smaller communities to achieve sol- 
utions to their wastewater treatment problems. 

WASTEWATER TREATMENT PLANT 

OPERATORS CERTIFICATION 

COMMISSION (WWTPOCC) 

The purpose of the WAV! POCC is to protect 
the public health and to conser\'e and protect the 
quality of the water resources of the State. The 
Commission protects the public in\'estment in 
wastewater treatment facilities by classifying 
wastewater treatment plants and requiring, 
through examination and certification, compe- 
tent plant operators. North Carolina law creates 
the WWTPOCC and empowers the Commission 
to adopt rules with respect to the certification of 
treatment plant operators. 

ENVIRONMENTAL MANAGEMENT 
COMMISSION 

The Environmental .Management Commission 
is created and empowered under Chapter 
143B-282 of the General Statutes of North 
Carolina. The seventeen member commission 
promulgates rules necessary to protect, preserve, 
and enhance the water and air resources of the 
State. Included in its duties are, the authority to 
grant permits and orders to control sources of air 
and water pollution; permit and inspect dam 
construction: establish water and air quality 
standards and classifications; protect the land and 
waters from oU pollution and leaking under- 
ground storage tanks storing oil or hazardous 
substances. The Commission investigates water 
and air pollution incidents and may assess pen- 
alties for violations of water and air standards. 

DIVISION OF LAND RESOLRCES 

P. O. Box 27687 

Raleigh, NC 27611 

(919) 733-3833 

The Division of Land Resources is a Division 
of the Department of En\ironment, Health, and 
Natural Resources which is created by G.S. 
143B-279 and G.S. 143B-275. The purpose of 
the Dnision of Land Resources is to protect and 
conscr\e the State's land, minerals, and related 
resources through the effective implementation 
and management of programs related to 
sedimentation pollution control, mined land rec- 
lamation, dam safety, land records management, 
geodetic survey, and mineral resources in\'entor\', 
analysis, conservation, and development. 



ORGANIZATION 

Geodetic Survey Section. The primary activity 
of the Geodetic Survey Section is to place pre- 
cisely positioned, monumented sur\ey points, 
often called stations, marks, or benchmarks, 
throughout the State for use in boundary surveys, 
chart making, transportation systems and other 
related activities. These survey points become a 
part of the North Carolina Coordinate system, 
which is an X and Y grid covering North 
Carolina. 

Geological Survey Section. The Geological 
Sur\'ey Section examines, surveys and maps the 
geology of the State and publishes reports and 
maps for the private sector and the general pub- 
lic. The Section also administers the Oil and Gas 
Conservation Act. 

l^nd Quality Section. The Land Quality Sec- 
tion is responsible for administering the North 
Carolina Mining Act of 1971. the North Carolina 
Sedimentation Pollution Control Act of 1973, 
and the North Carolina Dam Safety Act of 1967 
(G.S. 143-215). In addition, this Section pro- 
vides staff support for the Mining Commission 
and the Sedimentation Control Commission. 

NORTH CAROLINA MINING CO.MMISSION 

This 9-member commission is appointed by the 
Governor to function as the regulatory' body for 
the enhancement of the mining resources of 
North Carolina and to insure that mining activity 
is accomplished in a manner that protects the 
environment and the health, safety and welfare 
of the public pursuant to the North Carolina 
Mining Act of 1971 (G.S. 74-50 and 74-76). 

NORTH CAROLINA SEDIMENTATION 
POLLUTION CON IROL COMMISSION 

This 11 -member commission is appointed by 
the Governor to function as the regulatory body 
for the administration and enforcement of mini- 
mal mandatory standards which will permit de- 
velopment of North Carolina to continue with 
the least detrimental effects from pollution by 
sedimentation pursuant to the Sedimentation 
Pollution Control Act of 1973 (G.S. 113A-50). 

DIVISION OF RADI AI ION PROTECTION 

P.O. Box 276S7 

3825 Barrett Dnve 

Raleigh, NC 27611-7687 

(919) 571-4141 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



550 



STA TEMENTS OF ORGANIZA TION 



Ihe puq^ose of the Division of Radiation Pro- 
tection is to protect the public and the environ- 
ment from radiation hazards. Under the North 
Carolina Radiation Protection Act and rules of 
the North Carolina Radiation Protection Com- 
mission, the Division implements programs for 
regulator,' permitting of facilities for the receipt 
and use of radioactive matenal, accelerators, x- 
ray machines and tanning equipment and for 
management of low-level radioactive waste. The 
Division also implements programs for ambient 
and source-oriented environmental radiation sur- 
veillance, for response to radiation emergencies 
and for ad\isLng the public on any radiation 
concerns. 

ORGAMZ.ATION 

Nuclear Facilities and Fnvironmental Radiation 
Sur\cillance Section. This Section develops and Solid Waste Section. This Section is responsi- 

miplcments monitonng and evaluation programs 
for radiation and radioactive contamination levels 
including radon in the statewide environment and 
in the off-site environs of facilities with potential 
for release of radiation and radioactivity to the 
environment. 



401 Oberhn Road, Suite 150 

Raleigh, NC 27611-7687 

(919) 733-4996 

The Division is responsible for management of 
solid waste in a manner that protects the public 
health and environment. This is accomplished 
by providing comprehensive plans for manage- 
ment of solid waste, hazardous waste, and the 
clean-up of uncontrolled waste sites, providing 
technical assistance to local governments and 
waste generators for waste minimization and 
waste management, issuing permits for waste fa- 
cilities, investigating sites, initiating enforcement 
actions for violations, and providing a public ed- 
ucation program. 

ORG.ANIZ.ATION 



Radioactive Materials Section. This Section li- 
censes and inspects radioactive material and par- 
ticle accelerator facilities to ensure protection of 
the public, workers and environment from radi- 
ation hazards. This Section specifically regulates 
and permits the receipt, possession, use, transfer 
and disposal of radioactive material and particle 
accelerators. 



X-Rav Control Section 



This Section registers 

and inspects all x-ray machines and facilities 
(medical, industrial, research, etc.) in the State 
with emphasis on worker, public and patient 
protection. This Section also implements the 
registration requirements for all tanning facilities 
in the State. 

R.ADI.\riON PROTFCTION COMMISSION 

This 21 member Commission (1 1 voting public 
and 10 nonvoting ex-officio) is appointed by the 
Go\cmor and is empowered to promulgate rules 
to be followed in the administration of a radi- 
ation protection program. Fhrough the active 
use of their committees, they advise the Depart- 
ment in the development of comprehensive poli- 
cies and programs for the evaluation, 
determination, and reduction of hazards associ- 
ated with the use of radiation. 

DIMSION OF SOLID W.ASTE M.\NAGEMENT 

P.O. Box 27687 



ble for developing, implementing and maintain- 
ing a comprehensive program for the 
management of solid waste. This is accom- 
plished through permitting and compliance eval- 
uations of sanitary landfills, waste to energy 
facilities, medical waste facilities, demolition 
landfills, transfer facilities, recycling facilities, and 
septage disposal sites. The Section is further re- 
sponsible for development, implementation, and 
update of a comprehensive solid waste manage- 
ment plan for the state, review of local govern- 
ment solid waste management plans, and 
development and implementation of a regulatory 
framework for recycling, full cost accounting, 
special waste management, and the solid waste 
loan fund. Industrial and commercial recycling 
programs are certified in order to qualify for tax 
certifications. 

Supcrfund Section. This Section is responsible 
for e\aluatmg uncontrolled hazardous waste sites 
in North Carolina. The Section works with the 
U. S. Environmental Protection Agency to iden- 
tify the most serious sites in the State, known as 
National Priority Fist (NPF) sites. The Section 
also evaluates uncontrolled hazardous waste sites 
which win not be cleaned up by the Federal 
Government. These sites may be cleaned up 
under the State Inactive Hazardous Sites Pro- 
gram. 

Hazardous \\'aste Section. The Hazardous 
Waste Section educates the public and regulates 
the hazardous waste community by providing 
technical assistance through indi\idual consulta- 
tions and seminars, promotes waste minimization 
of hazardous waste, issues operating permits that 
specify requirements which each hazardous waste 
treatment, storage or disposal facility must meet, 



551 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



conducts compliance audits at hazardous waste 
handlers and, with the cooperation of the State 
Attorney General's Office, takes enforcement 
actions against those found in violation. 

Rule-making authority for this Division is 
vested in the Commission for Health Services. 

DIVISION OF WATER RESOURCES 

P.O. Box 27687 

Raleigh, NC 27611-7687 

(919) 733-4064 

The Division of Water Resources manages 
programs for planning, technical assistance, and 
financial assistance for river basin management, 
water supply, water conservation, navigation, 
stream clearance. Hood control, beach protection, 
aquatic weed control, hydroelectric power, and 
recreational uses of water. The Division devel- 
ops plans and special studies in cooperation with 
local governments and other state and federal 
agencies on complex water resource problems 
related to regional water use and interstate river 
basins. 

ORGANIZATION 

Water Resources Planning Section. Ihe Water 
Resources Planning Section develops water re- 
sources plans and special studies in cooperation 
with local governments and other state and fed- 
eral agencies, performs instream flow fish habitat 
studies, conducts aquatic weed control projects, 
provides technical and fmancial assistance for lo- 
cal government-sponsored water development 
projects, prepares environmental assessments of 
major projects affecting water resources, and ad- 
ministers the Stream Watch Program and North 
CaroUna Rivers .Month. 

Water Supply Assistance Section. The Water 
Supply Assistance Section pro\ides technical as- 
sistance to counties, municipahties, and other 
public water supply systems and their consult- 
ants. Some of the services provided include: 
surveys of existing water supply systems, investi- 
gation of alternative and emergency raw water 
sources, coordination of regional cooperation 
between local water supply systems, evaluation 
of future water demands, information on sources 
of financial assistance, technical assistance for 
water conservation and leak detection, and no- 
tification to municipalities of potential water 
shortages. 

Hydrology and Management Section. The 
Hydrology and Management Section pro\'ides 
information and interpretive studies on surface 



water and ground water to other State agencies, 
federal agencies, and municipal and industrial 
water users and their consultants. Study topics 
include: reservoir operation, reservoir yield, 
ground water modeling for water supply plan- 
ning, and low flow frequency. 

ENVIRONMENTAL MANAGEMENT 
COMMISSION 

The Environmental .Management Commission 
(EMC) receives staff support from the Divisions 
of Environmental .Management, Water Re- 
sources, and Land Resources. The primary 
statutes administered by the Division of Water 
Resources for the EMC are the Water Use Act 
(GS 143-215.11 et seq.), the Water Emergency 
Act [GS 143-354(b)-(e)|, and the Federal Water 
Resources Development Projects Act (GS 
143-215.38 et seq.). 

AQUATIC WEED CONTROL COUNCIL 

The Aquatic Weed Control Council meets twice 
a year to coordinate the activities of the numer- 
ous agencies involved in aquatic weed control 
and to exchange information on aquatic weed 
control methods. The Council reviews the pro- 
posed weed control program developed by the 
Division of Water Resources each year to assure 
that all effects on the environment and on public 
health have been adequately evaluated. 



OFFICE OF WAS! E REDUCTION 

P. O. Box 27687 

Raleigh, NC 27611-7687 

(919) 571-4100 

This office is the lead agency on multi-media 
waste reduction. It oversees the State's pollution 
prevention, hazardous waste minimization, and 
recycling programs. 

ORGANIZATION 

Pollution Prevention Program (PPP). The PPP 
provides positive alternatives to costly pollution 
control options to improve environmental qual- 
ity and to generate economic benefits. The pro- 
gram supports and works with industries, to 
identify and apply techniques at the source of 
generation which will prevent, reduce, or recycle 
wastes before they become pollutants of North 
Carolina's environment. The program provides 
an information clearinghouse, technical assist- 
ance, and financial support to help reduce haz- 
ardous waste, wastewater discharges, air 
emissions, and industrial solid waste. 



6:10 NORTH CAROLINA REGISTER August 15, 1 991 



552 



STA TEMENTS OF ORGANIZA TION 



Solid Waste Reduction Program. The Solid 
Waste Reduction Program coordinates reduction 
efforts on county, municipal and commercial 
levels in an effort to meet the State's 25 percent 
recycling goal by 1993. This program also pro- 
vides policy development support to the Depart- 
ment on solid waste reduction issues and has 
been designated by the Governor to implement 
a State agency recycling program. The assistance 
offered to local governments and businesses in- 
clude an information clcaringliouse, technical as- 
sistance, education and training, and fmancial 
assistance to help reduce municipal solid waste. 



PIBLIC HEALTH DI\ ISIQNS 

DIMSION OF ADLLT HEALTH SERVICES 

1330 Samt Marv's Street 

P.O. Box 27687 
Raleiah. NC 27611-7687 

(919) 733-7081 

The Di\ision administers programs in the fol- 
lowing areas: adult screening, arthritis, cancer 
control prevention, diabetes, epilepsy diagnosis/ 
treatment, health promotion, home health, AIDs 
care, human tissue donation, hypertension, kid- 
ney disease pre%ention treatment, migrant and 
refugee health, and pharmacy ser\'ices. Division 
programs provide for planned, programmatic ef- 
forts to prevent or reduce risks for chronic dis- 
eases, and refer and/or treat persons identified as 
having chronic diseases. 

ORGANIZATION 

Health Promotion Section. This section estab- 
lishes and mamtams cooperative relations with 
local health departments and other health ser- 
vices providers in order to impro\e the health 
status, quality of life and productivity of adult 
North Carolinians by preventing disease, disabil- 
ities, and injury. 

Health Care Section. The goal of the Health 
Care Section is to improve the health status, 
quality of life and productivity of medically indi- 
gent and other disad\antaged residents of North 
Carolina by reimbursing providers who deliver 
specified preventive and treatment health and 
medical care services. 

COMMISSION OF AN.VFOMY 

The purpose of this Commission is to oversee 
the disposition of unclaimed bodies and of do- 



nated bodies for the purpose of promoting the 
study of anatomy. 

All other commission functions for this Divi- 
sion are vested in the Commission for Health 
Services. 

DIVISION OF POSTMORTEM MEDICOLEGAL 
EXAMINATION 

Office of the Chief .Medical Examiner 

Brinkhouse-BuUitt Building 

Chapel Hill, NC 27599-7580 

(919) 966-2253 

The purpose of the .Medical Examiner System 
is to investigate and certify deaths that are unat- 
tended, suspicious, or the result of violence 
(homicide, suicide, accident). The Division of 
Postmortem .Medicolegal Examination conducts 
medicolegal autopsies and toxicological analyses, 
and consults with and supports the work of over 
600 physicians v\ho volunteer their services as 
local medical examiners and regional 
pathologists. 

Rule-making authority for this Division is 
vested in the Commission for Health Ser\'ices. 

DIVISION OF DENTAL HEALTH 

1815-8 Capital Boulevard 

Peden Building 
Raleigh, NC 27604-2144 

(919) 733-3853 

The mission of the Division of Dental Health 
is to promote, protect and assure dental health 
among the citizens of North Carolina. Current 
Division goals focus on improving oral health 
tlirough the reduction of dental decay and 
periodontal disease. The Division accomplishes 
these goals tlirough ser\'ices provided directly to 
citizens through a statewide prevention and edu- 
cation program. These services are pro\ided at 
the county level by state-supported dental public 
health staff assigned to local health departments. 
The services include: 

♦ School Dental Health Education: 
Dental health information is presented to 
children on appropriate dietary habits, 
consumerism, injury prevention, disease 
prevention, oral hygiene practices, and 
professional dental care practices. A 
dental health curriculum, I'rimiework for 
Dental Health Education, mcludmg vid- 
eos, study guides, and inservice training is 
available for teachers. This is coordinated 
with the N. C. Department of Public In- 



555 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



struction's Statewide Comprehensive 
Cumculum. 

* Fluoride Promotion: Financial and 
technical assistance is provided to munic- 
ipal and rural school water systems for 
securing and monitoring water 
fluoridation programs. Training is pro- 
vided to water plant operators and school 
surveiUance personnel. Dental public 
health staff supervise, coordinate, and ad- 
minister the weekly fluonde mouthxinse 
program for schools. 

* Dental Care Senices: Dental screening 
and referral is offered primarily to children 
in Kindergarten through Sixth Grade. 
Limited clinical services are available for 
indigent children who meet fmancial cri- 
teria. Indigent children eligible for Title 
XIX or School Health Funds are referred 
to privately practicing dentists. Pre- 
vention is stressed in the clinical program, 
and the provision of pit and fissure 
sealants is a top priority. 

* Community Dental Health Education: 
Educational information is presented to 
parents, teachers, health professionals, 
older adults, and others as time permits. 
Screening and referral programs may be 
available using volunteer dentists. 

Rule-making authority for this Division is 
vested in the Commission for Health Sen.ices. 

DIMSION OF ENMKONMENTAL HEALTH 

1330 Saint \lar>'s Street 

P.O. Box 27687 
Raleigh, NC 27611-7687 

(919) 733-2870 

The Division is responsible for administering 
eight programs in the foDowing areas: food and 
lodging sanitation, institutional sanitation, milk 
sanitation, on-site sewage, shellfish sanitation, 
pubhc water supply plans review, coastal 
mosquito management and sleep products sani- 
tation. 

ORGANIZATION 

Environmental Health Services Section. The 
Environmental Health Services Section goal is to 
protect the health, safety, and well being of resi- 
dents and visitors of North Carolina from po- 
tential health hazards in the areas of food, 
lodging, and institutions; to oversee on-site sew- 
age collection, treatment, and disposal systems; 



to maintain the sanitary Grade "A" milk supply, 
and to assure that marketed shellfish, scallops 
and Crustacea are safe for human consumption. 

Public Water Supply Section. The purpose of 
the Public Water Supply Section is to ensure that 
safe, potable water is available in adequate 
quantities to the residents and visitors of the state 
served by pubhc water supphes by assuring that 
such supplies are properly located, constructed 
and maintained. Tlus is accomphshed through 
a program wfiich includes review and approval 
of water supply sites - plans and specifications, 
review of required laboratory reports of water 
samples from water systems, inspections, con- 
struction and training and follow-up investi- 
gations of spills and other contamination. 

Public Health Pest Management Section. The 
Pubhc Health Pest .Management Section protects 
the residents of North Carolina from mosquito 
transmitted diseases, tick transmitted diseases and 
the nuisance and economic hardship produced 
by these organisms. The section provides edu- 
cation and training to the pubhc and to public 
health professionals involved in pest management 
and enforces the laws and administrative rules for 
mosquito control on impounded waters of North 
Carolina. In addition, the section protects the 
public from disease and injury caused by bedding 
which contains disease-causing organisms, 
flammable materials, and toxic or irritant chemi- 
cals and materials by inspecting and testing 
bedding products at the point of sale and manu- 
facture. 

VVATFR TRE.ATMENT FACILITY 

OPLRMORS CrRTiriCAIION BOARD 

In 1969 the General Assembly passed the law 
providing for the certification of water treatment 
facility operators. G.S. 90A-20 states that the 
purpose of the certification program is "to pro- 
tect the pubhc health and to conserve and protect 
the water resources of the State; to protect the 
public investment in water treatment facilities; to 
provide for the classifying of public water treat- 
ment facilities; to require the examination of wa- 
ter treatment facihty operators and the 
certification of their competency to supervise the 
operation of water treatment facihties; and to es- 
tablish the procedures for such classification and 
certification". 

AH other commission functions for this Divi- 
sion are vested in the Commission for He;ilth 
Services. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



554 



STA TEMENTS OF ORGANIZA TION 



KPIDEMIOI.OGV DI\ ISION 

225 North McDowell Street 

P.O. Box 27687 

Raleiah, NC 27611-7687 

r919) 733-3421 

The Division is responsible for administration 
of 17 diversified programs in the following areas: 
general communicable disease control, AIDS, 
immunization, tuberculosis control, sexually 
transmitted disease control, injur,' prevention, 
dri\er medical e\aluation, chemical tests for al- 
cohol, industrial hygiene consultation, dusty 
trades, occupational health nursing, asbestos 
hazard management. environmental 

epidemiolog>", pesticides, lead poisoning, 
veterinar.' pubhc health and vital records. These 
programs pro\ide for the assessment of nsks 
posed to the population by certain 
communicable diseases environmental or occu- 
pational hazards, and such human hazards as the 
drinking driver. 1 his assessment is accomplished 
through statistical surseiUance, investigative 
epidcmiologv', and applied research. Once the 
risks are assessed, the various programs work to 
eliminate or control the risks through measures 
such as early treatment, immunization against 
vaccine-preventable diseases, epidemiologic 
follow-up of cases, and education of the public. 

ORG.WIZ.VIION 

Communicable Disease Control Section. This 
section attempts to minimize the occurrence and 
control the spread of communicable diseases in 
North Carolina through suneiUance, in\esti- 
gation of outbreaks, issuing control measures, 
immunization, treatment, consultation, educa- 
tion, and the pro\ ision of resources to local pro- 
viders, primarily local health departments. 

Occupational Health Section. The purpose of 
this section is to prevent and reduce the occur- 
rence of occupational injuries and illnesses by 
promoting safe and healthy worksite. This is 
accomplished by recognizing, e\'aluating, and 
controlling health hazards (chemical, physical, 
biologic, ergonomic, and psychosocial) as well 
as by consultation, education, and applied re- 
search. There are four basic programs: occupa- 
tional health nursing consultation, industrial 
hygiene consultation, dusty trades, and asbestos 
hazard management. 

\'ital Records Section. \'ital Records Section 
has the responsibility for registering all births, 
deaths, fetal deaths, marriages, and divorces re- 
ported in the state, coding these events for sta- 
tistical purposes, maintaining the records 



properly, and locating and providing copies to 
individuals and organizations requesting these 
records. The registration process involves a 
statewide system to register vital events in a 
timely and accurate manner. Once the events are 
registered, the information on birth and death 
certificates is coded in order to produce statistical 
data that are subsequently used to identify and 
accurately report problem areas such as infant 
mortality. Once \ital events are registered, the 
documents are preser\'ed in a secure environment 
and are corrected or amended as necessary. 
Certified and uncertified copies are provided as 
appropriate for a \ariety of uses, such as legal 
actions, passports, and assignment of Social Se- 
cunty numbers. 

I:n\ironmental Epidemio!og\' Section. Envi- 
ronmental Epidemiologs" assumes sole responsi- 
bility in state government for assessment of 
human risk due to advancements in technology' 
as well as changes in North Carolina industry 
that increase risks of toxic and hazardous chemi- 
cals to individuals and groups. In addition, all 
health interests including private physicians, local 
health departments and hospitals use Environ- 
mental Epidemiolog>" staff as the authoritative 
word on rabies and other diseases which are 
transmitted from animals to man and pose a 
threat to the health of the population of the 
State. 

Injury" Control Section. The mission of the 
Injur}" Control Section is to reduce morbidity 
and mortality from injuries in North Carolina, 
by means of surveillance, research, implementa- 
tion of programs and policies, training, and 
enforcement. The main program areas are driver 
medical e\'aIuation, training and certification of 
alcohol breath-test equipment operators, and as- 
sistance to local health departments in establish- 
ing injur)" prevention programs. 

Rule-making authority for this Division is vested 
in the Commission for Health Services. 

DIMSION OF LABOR.\TOR^ SER\ ICES 

306 North Wilmington Street 

P.O. Box 281)47 

Raleieh, NC 27611 

(919) 733-7834 

This di\"ision pro\"ides testing of clinical and 
environniental specimens as a ser\"ice to physi- 
cians, local health departments, other laborato- 
ries, as well as public and private organizations 
to aid in the monitoring, diagnosis and treatment 
of health problems and endeavors to improve the 



:>:».> 



6:10 NOR TH CAROLINA REGIS TER 



August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



quality and relevance of laboratory services per- 
formed across the state. 



growth and development of all children and ad- 
olescents. 



ORGANIZATION 



ORGANIZATION 



Cancer Cytology Section. This section exam- 
ines cervical Pap smears for abnormal ceDs. 

Environmental Science Section. This section 
provides environmental analytical services to a 
variety of programs dealing with microbiological, 
chemical, and radiological environmental con- 
cerns. It is also the certification group for 
drinking water and milk laboratories. 

Laboratory Improvement Section. This section 
provides training and consultation for other lab- 
oratories. 

Microbiology Section. This section assists in 
epidemiological mvestigations to establish the 
incidence of conmiunicable disease and prevent 
the spread by isolating and identifying bacterial, 
mycotic, and parasitic agents of disease. 

Newborn Screening Clinical Chemistry Section. 
Ihis section analyzes blood collected on tUter 
paper from all infants bom in the State for 
thyroid hormones, phenylalanine (PKU), 
galactose and hemoglobins (A,S,C,F). The sec- 
tion also analyzes blood for lead absorption lev- 
els, ABO groupings and Rh typing, as well as 
performing antibody screens on Rh negative pa- 
tients. Screening testings are done to detect and 
monitor chronic diseases. 

Virology/Serology Section. This section de- 
tects, isolates and identifies chlamydia and vi- 
ruses. The section also does serologic tests for 
immune status to diagnose bacterial, chlamydial, 
fungal, mycoplasmal, parasitic, rickettsial, and 
viral diseases. 

Rule-making authority for this Division is 
vested in the Commission for Health Services. 

DIVISION OF MATERNAL AND CHILD 
HEALTH 

P.O. Box 27687 

Raleigh, NC 27611-7687 

(919) 733-3816 

The mission of the Division is to assure, pro- 
mote and protect the health of families, with 
emphasis on women of childbearing age, infants, 
children, and adolescents. The Division has two 
goals. One goal is to improve pregnancy out- 
come. Another goal is to enhance the health, 



Women's Health Section. The Women's 
Health Section, through contracts with local 
providers and tertiary centers, seeks to reduce the 
incidence of poor pregnancy outcome by pro- 
viding comprehensive care to low income 
women. Services include prenatal care, women's 
preventive health services and preconceptional 
health services. Other programs and grants ad- 
ministered by this Section include adolescent 
pregnancy prevention projects, high risk mater- 
nity clinics, the Sudden Infant Death Syndrome 
Program, Healthy Generations special projects 
grant. Rural Obstetrical Care Incentive funds, 
and Nurse-Midwifery project grants. 

Children and Youth Section. 1 he Children and 
"^'outh Section focuses on preventive health ser- 
vices for children such as child health screening 
through local health departments, school health, 
and genetic services. It also concentrates on early 
identification, evaluation and treatment of chil- 
dren with chronic handicapping conditions. The 
goal of the section is to prevent and amehorate 
disabilities in an effort to maximize each individ- 
ual's life potential. The section administers the 
Child Health Program, the School Health Pro- 
gram, the Genetic Health Care Program, the 
Sickle Cell Syndrome Program, the Develop- 
mental Evaluation Centers Program, and Chil- 
dren's Special Health Services. 

Nutrition Services. The goal of the Nutrition 
Services Section is to improve the pregnancy 
outcome and health status of women and chil- 
dren determined to be at risk (defmed as preg- 
nant, postpartum and breastfeeding and lactating 
women, and infants and children from birth to 
five years of age who have household incomes 
of less than 185 percent of the federal poverty 
level) through the provision of supplemental 
foods, nutrition education and referral to health 
care. The section also concentrates on improv- 
ing the nutritional status of all North 
Carolinians. 

REDUCTION OF INFANT MORTALITY 
CO.MMISSION 

The Commission has the following duties; 

(1) advise the governor on measures necessary 
to reduce current rate of infant mortality 
and morbidity; 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



556 



STA TEMENTS OF ORGAMZA TION 



(2) assess existing programs concerning the 
health of women and infants during their 
first year of life including prenatal care, 
whether such programs be public or pri- 
vate. A principle goal of this assessment 
shall be the elimination of duplication and 
gaps in establishing effective and efficient 
deliver,' of services; 

(3) facilitate coordination of existing or pro- 
posed state and local programs relating to 
prenatal care and reduction of infant 
mortality and morbidity; 

(4) determine whether such existing programs 
above are in need of assistance in earning 
out their purpose and to determine 
whether such programs in need of assist- 
ance would benefit from such assistance 
as the Commission thru its association 
with any private, non-profit corporation 
working closely with the Commission: 
and 

(5) promote programs among businesses and 
industries within the state which if imple- 
mented and utilized by employees would 
have a beneficial effect upon maternal and 
infant health. 

COUNCIL ON SICKLE CELL S\ NDROME 
.AND REL.ATED DISORDERS 

This council consists of a chairperson and 14 
other members appointed by the Go\'emor. The 
council shall advise the Department and the 
Commission for Health Services on the needs of 
persons with sickle cell syndrome, and shall make 
recommendations to meet these needs. (See 
130A-130 thru 130A-131.2.) 

All other Commission functions for this Di\i- 
sion are vested in the Commission for Health 
Ser\ices. 

OFFICE OF HE.\LTH EDUCATION 

Bath Building, Suite 206 
306 N. WUmincrton Street 

P. O. Box"276S7 

Raleiah. N. C. 27611-7687 

(9l9) 733-1537 4038 



The Office is responsible for directing the de- 
velopment of health education resources and ap- 
plying health education methods and techniques 
to all areas of public health problems and services 
— mainly through the work of local health de- 
partments statewide. 



ORGAN IZ.ATION 

Health Education Consultants L'nit. This is a 
group of health education specialists working 
from DEHNR's regional offices to build the ca- 
pacity of local health departments in a region, in 
planning and implementing high quality health 
education programs aiming at helping citizens to 
improve and maintain good health through their 
own decisions, choices and actions, including the 
decisions of utilizing preventive health ser. ices. 

Health Education Audiovisual Production Unit. 
The goal of this unit is to plan and produce such 
educational resources as videos and sound shde 
programs not available from national educational 
media, in support of local health education ser- 
vices in North Carolina. 

Health Education Graphics l'nit. This unit's 
goal is to help design and produce printed edu- 
cational materials such as brochures, pamphlets, 
posters, transparencies, and sUdes which support 
local public health efforts to educate clients and 
communities. 

1 Fealth Education Eilm Center. This is a health 
tilm hbran, with a large collection of health tilms 
(16 mm films, videos, sound slide tapes, etc.) for 
distribution statewide to organizations and insti- 
tutions involved in educating about health. The 
Center distributes about 20.000 fdms each year 
-- to schools, health departments, hospitals, col- 
leges, civic groups, and health care pro\iders to 
help in enhancing their educational activities. 



Rule-making authority for this Division 
\ested in the Commission for Health Services. 



is 



POWERS AND DUTIES OF THE COMMISSION 
FOR HEALTH SERNICES 

The Commission for Health Services is the 
rule-makmg body for public health programs 
created and administered under Chapter 130.A of 
the North Carolina General Statutes. The 
Commission consists of twelve members, four of 
whom are elected by the North Carolina Medical 
Society and eight of whom are appointed by the 
Governor. The Go\emor's appointments in- 
clude a licensed pharmacist, a registered engineer, 
a licensed veterinarian, a licensed optometrist, a 
Licensed dentist, a registered nurse, and two 
members-at-large representing the general public. 
The Commission meets at least quarterly. 

The Commission for Health Services adopts 
rules coN'ering a broad spectrum of public health 



.>:)7 



6:10 yORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



concerns. The following is a partial list of public 
health issues which fall under the Commission's 
authority: 

- Communicable Disease Control, 
Including Immunization Requirements 
and Control Measures for AIDS and 
HIV Infection 

- Adolescent Pregnancy Prevention 
Projects 

- Sickle Cell Program 

- Children's Special Health Ser%'ices 
Program 

- Home Health Services Funds 

- Restaurant Sanitation Standards 

- Sewage Collection, Treatment, and 
Disposal 

- Standards for Public Water Supply 

Systems 

- Hazardous Waste Management 

- Solid Waste Management 

- Mandated Services for Local Health 
Departments 

- State Cancer Registry 

NATURAL RESOURCES PFV ISIONS 

DIVISION OF FOREST RESOURCES 

P.O. Box 27687 

Raleigh, NC 27611-7687 

(919) 733-2162 

The Division of Forest Resources' primary 
purpose is to ensure adequate and quality forest 
resources for the state to meet present and future 
needs. The processes used to accomplish this 
involve management of existing resources, devel- 
opment and establishment of new and better 
quality forests and protection of these resources. 

The primary emphasis in carr>'ing out the pro- 
grams involved in these objectives is directed at 
the state's more than 330,000 private forest land- 
owners who own the majority of the forestland. 

Specific activities the Division is involved with 
are forest management assistance to private 
landowners, reforestation services, forest fire pre- 



vention and suppression, and insect and disease 
control programs. Other activities are operation 
of tree seedling nurseries, long range forestry 
planning and technical development, water qual- 
ity controls, urban forestry assistance, training 
and support to volunteer fire departments and 
forestry education. 

To summarize, the Division has an active role 
in plarming and carrying out all activities related 
to maintaining, protecting and improving the 
forest resources of the state. To accomplish this 
role, the Division is organized statewide as fol- 
lows: 

- Director's Office (Raleigh) 

- Sections of Administrative Services, 
Forest Protection, and Forest Manage- 
ment/ Forest Development (Raleigh) 

- 3 Regional Offices (Asheville, Jordan 
Lake, and Kinston) 

- 13 District Offices (Asheville, Lenoir, 
Rockingham, New Bern, Rocky Mount, 
Fayetteville, Elizabeth City, Whiteville, 
Sylva, Lexington, Hillsborough, Mount 
HoUy, Fairfield) 

ORGANIZATION 

Fire Control. The primary objective of the 
program is to prevent and minimize wildfire 
damage in the state. The program provides 
leadership and assumes primary responsibility for 
preventing and controlling forest fires on more 
than eighteen million acres in the state. North 
Carolina averages approximately 5000 wildfires 
annually with many areas in the state subject to 
large, disastrous fires. Close coordination with 
forest industries, rural fire departments, the Divi- 
sion of Emergency .Management and numerous 
other concerns is an essential part of this pro- 
gram. This program also provides training sup- 
port to volunteer fire departments. 

Forest Management. The objective of this 
program is to ensure adequate forest resources to 
meet the current and future needs of the state. 
This program provides professional and technical 
management assistance available to all North 
Carolina forest landowners which involves a de- 
tailed examination of the woodlands including 
the determination of the types, quality and 
quantity of trees; age, vigor, and general growing 
conditions of the trees; and general overall situ- 
ation of the resources. A written management 
plan recommending, for instance, reforestation 



6:10 NORTH CAROLINA REGISTER August 15, 1 99 1 



558 



STA TEMENTS OF ORGANIZA TION 



plans, water quality and erosion control, inter- 
mediate or final harvesting, prescribed burning 
and various other forest practices is prepared for 
the landowner. Information is also provided on 
several cost sharing programs available for 
reforestation. The Division has developed an 
interagency program which emphasizes total 
management of all forest resources including 
wildlife, aesthetics, recreation, soil and water, and 
timber. The Forest Stewardship program is 
a\ailable to all landowners of the state. 

Pest Control. The objective of this program is 
to minimize loss of resources to forest pests and 
disease. The program identifies and takes control 
actions as warranted on endemic forest pest and 
disease problems in the state, and also works 
closely with other agencies in developing im- 
proved means to lessen damages from these ac- 
tivities. 

Urban and Community Forestry'. The goal of 
Urban and Community Forestry for North 
Carolina is to improve the quality of life, (en\i- 
ronmentally, economically, and aesthetically) in 
urban areas through technical assistance and ser- 
vices to towns in developing and carrying out 
multi-year management plans for urban vege- 
tation. Emphasis is on both extension of services 
to a growing number of urban areas, and in- 
creasing the intensity of service to those areas 
with more aggressive programs. Service is on a 
continuing basis to all areas that maintain an ac- 
tive program. The Division has recently become 
responsible for administering the /Vmerica The 
Beautiful and Small Business Administration 
Tree Planting Programs. These programs pro- 
vide federal funds to foster urban forestcry plan- 
ning and tree planting on public lands. 

Nursery and Tree Improvement. This program 
pro\ ides adequate, high quality seedhngs to meet 
the reforestation and Christmas tree production 
needs of the state. The Tree Improvement Pro- 
gram produces and provides genetically improved 
seeds to the Nurscr>' Program which produces 
the seedlings for sale to the public. The pro- 
duction of 30 to 35 million seedlings per year 
occurs at three nurseries and one greenhouse. 

Educational State Forests. 1 he purpose of this 
program is to make N. C. citizens more aware 
of the importance of forestry by means of pro- 
grams and demonstrations at several state forests. 
These forests are located at Cla\1on, near Eenoir, 
Elizabethtown, near Wilkesboro and 
Hendersonville. Programs are provided annually 
to more than 50,000 school children with total 
visitation close to 100,000 people. 



Forestry BMP's. The Division has responsi- 
bility for monitoring and enforcing the use of 
Best Management Practices on all forestry oper- 
ations in the state. This program requires that 
all logging and other activities are done without 
damage to water quality. 

FORESTRY ADVISORY COUNCIL 

The Forestrv' Advisory Council advises the De- 
partment of Environment, Health, and Natural 
Resources Secretar>' concerning conservation and 
development of private and pubhc forests in the 
state. The Council also makes studies directed 
by the Secretary, conducts a continuing review 
of Division programs, and participates in evalu- 
ations and in hearings related to the public inter- 
est in forestry. 

SOUTHEASTERN FOREST FIRE COMPACT 
ADVISORY COMMITTEE 

The Southeastern Forest Fire Compact is au- 
thorized by the Legislature and its purpose is to 
promote etTective prevention and control of for- 
est fires in the Southeastern Region of the United 
States. The Advisory Committee is composed 
of legislators and forest industry representatives 
and meets periodically with the State Foresters 
of member states to promote adequate forest frre 
protection measures throughout the Southeastern 
Region. 

DIVISION OF MARINE FISHERIES 

Post Office Box 769 

Morehead Citv, NC 28557-0769 

(919) 726-7021 

The Division is responsible, under direction of 
the Marine Fisheries Commission and the Secre- 
tary, Department of Environment, Health, and 
Natural Resources, for stewardship of the marine 
and estuarine resources of the State of North 
Carolina. As such it is responsible for the 
maintenance, preservation, protection and devel- 
opment of all marine and estuarine fisheries re- 
sources. This includes the promulgation of rules 
governing coastal fisheries, and their enforce- 
ment. It includes scientific endea\ors leading to 
the development of information upon which 
regulatory and developmental decisions will be 
based. It also includes de\elopmental activities 
intended to improve the cultivation, harvesting 
and marketing of shell and tinlish. 

ORGANIZATION 



559 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



The Division is organized into four programs: 
Administration, Research, Operations, and De- 
velopment. 

Administration. Responsible for personnel, 
budget, physical plant management, licensing, 
public information and submerged lands claim 
activities. 

Research. Responsible for planning, process- 
ing, analyzing, and pubhshing fisheries manage- 
ment data. Coordinates federal funding and 
project management. 

Operations. Headquartered at Morehead City 
with offices in Elizabeth City, Manteo, 
Washington, and Wilmington, this program is 
responsible for fisheries management and law 
enforcement activities. 

Development Program. Responsible for shellfish 
development, shellfish leasing and artificial reef 
construction and management. 

MARINE FISHERIES CO.M.MISSION 

This 15 member Commission is appointed by 
the Governor and is responsible for management, 
restoration, development, cultivation, consers'a- 
tion protection and regulation of the marine and 
estuarine resources of the State (G.S. 
143B-289.3); and to adopt rules to be foUowed 
in the management, protection, preservation and 
enhancement thereof (G.S. 143B-289.4); all such 
rules to be enforced by the Department and Di- 
vision [ 1436-289.4(5)]. 

NORTH CAROLINA ZOOLOGICAL PARK 

Route 4, Box 83 

Asheboro, NC 27203 

(919) 879-7100 

Office of the Director. Responsible for the 
overall policy, management, and development of 
the North Carolina Zoological Park. Reports to 
the Assistant Secretary of Natural Resources. 
Works through the North Carolina Zoological 
Park Council on matters delegated to their au- 
thority and keeps them informed on all zoo re- 
lated matters. .Maintains close working 
relationship with North Carolina Zoological So- 
ciety, /\AZPA, and other Zoological/ Conserva- 
tion organizations worldwide. 

Executive Secretary. Provides all administrative 
support to Office of the Director. Responsible 
for liaison to all council. Committees, Boards, 
and Societies. Administrative Procedures Act 



Coordinator. State Regulations Retention Co- 
ordinator, Zoo lead secretary. 

Deputy Director's Office. Responsible for 
management and consolidation of the various 
services of the Park. Oversees operation of the 
Zoo except for functions assigned to the General 
Curator's Office. Directly plans, coordinates, 
and manages the activities of Management Ser- 
vices, Facilities, Marketing, Exhibit/Graphics, 
and Education Divisions. Develops objectives 
and strategies to meet Zoo goals, master plan 
expansion and other issues. Serves as Acting 
Director in the absence of the Director. 



General Curator's Office. 



Responsible for 

overall management of the biological 
(Zoological/Botanical) collections, research, and 
veterinary medicine programs. Oversees the 
curatorial programs, develops and conducts re- 
search and propagation programs, initiates and 
participates in multi-institution conservation 
programs and other related wUdhfe issues. Plans, 
coordinates, and manages the activities of Animal 
Husbandry, Veterinary Medical Services and 
Horticulture Divisions. Chairs the NCZP/ 
UNCG Research Coordinating Committee. 
Professional Uaison with AAZPA, ISIS, SSP 
programs and international zoological organiza- 
tions. Principal biological authority of the Zoo. 

Veterinary Medical Services. Responsible for 
the health and welfare of the Animal Collections. 
Operates the Hanes Medical Center. Initiates 
and conducts medical research projects and col- 
laborates with institutions worldwide in such ac- 
tivities. Liaison with AAZV, North Carolina 
School of Veterinary Medicine. 



Animal Husbandry'. 



Provides direct care to the 
Animal Collection. Responsible for feeding, 
housing, hygiene, containment, dady health, re- 
cord keeping, preventive medical practices, and 
safety of aU specimens in the collection. Main- 
tains and operates animal exhibits, night quarters, 
and related facilities. 

Horticulture. Responsible for the planning, 
development, and maintenance of the botanic 
collections, introduced and indigenous. Intro- 
duces plant material to create or simulate natural 
environments. Develops research and educa- 
tional projects, initiates and participates in 
multi-institution conservation programs and 
other related botanical issues. Professional liai- 
son with AZH and other national/international 
botanical organizations. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



560 



STA TEMENTS OF ORGANIZA TION 



Personnel. Responsible for all personnel ad- 
ministration matters including recruitment, hir- 
ing, employee relations, benefit programs 
assistance, disciplinary actions, temporar>^ em- 
ployee administration, time sheets, WPPR ad- 
ministration, all applicable forms, reports and 
files. Develops and implements staff develop- 
ment and training plan including orientation, 
skills training and supcn isory training. 

Management Services. Responsible for all visi- 
tor service revenue activities. Manages and op- 
erates all zoo ranger, financial management, 
purchasing, supply, budgeting, and accounting 
functions of the zoo. Responsible for contract 
and grant administration, ADP, and related ad- 
mimstrative sen.'ices. 

Facilities. Responsible for coordination and 
development of all Park construction. Single 
point of contact for architects and contractors. 
Manages all construction maintenance contracts. 
Responsible for the maintenance and accounting 
of all physical property and equipment (less 
animals plants) belonging to the zoo. 

Marketing. Responsible for increasing positive 
awareness and attendance. Develops and ad- 
ministers marketing strategies. Disseminates in- 
formation to media, government agencies, 
tourism entities and general pubhc. Approves 
all media releases involving the zoo, including 
those issued by the Zoological Society. Plans 
and coordinates special events, joint promotions, 
and publicity opportunities. Solicits and coordi- 
nates group \'isits. Responsible for informational 
brochures, speaking engagements, and displays. 
Public relations spokesperson for the zoo. 

Exhibit and Graphics. Responsible for the de- 
sign, construction, and maintenance of exhibits 
and natural habitats. Manages the graphics pro- 
gram, provides graphic services to other divisions, 
maintains graphic standards, and maintenance of 
graphic elements in use. 

Education. Responsible for the development 
and presentation of all education programs. 
Conducts research, workshops, classes, and re- 
lated activities concerning the zoo and conserva- 
tion. Responsible for the scientific technical 
accuracy of all information relating to the 
animal plant collection as used in graphics, bro- 
chures, media releases, or other outlets. Operates 
volunteer programs (docents, neonatal care, 
horticulture), Smart Carts, Discovery Room, and 
other educational activities events initiated by the 
zoo. Liaison to the N.C. school system for all 
educational matters. 



NORTH CAROLINA ZOOLOGICAL PARK 
COLNCIL 

This fifteen-member council is appointed by the 
Governor to oversee the development and oper- 
ation of the Zoolo^cal Park (G.S. 143B-335; 
143-177.3). Responsibilities include: 

1 - Advise on the basic concepts of and for the 

Park, approve conceptual plans for the 
Park and its buildings. 

2 - Advise on the construction, furnishings, 

equipment and operations of the Park. 

3 - EstabUsh and set admission fees with the 

approval of the Secretary, EHNR. 

4 - Recommend programs to promote public 

appreciation of the Park. 

5 - I>isseminate information on animals and 

the Park as deemed necessary. 

6 - Develop effective public support for the 

Park through whatever means are desira- 
ble and necessary. 

7 - Solicit fmancial and material support from 

various private sources within and with- 
out the State. 

8 - Advise the Secretary on any other matters 

referred to it. 

DIVISION OF PARKS AND RECREATION 

P.O. Box 27687 

Raleigh, NC 27611-7687 

(919) 733-4181 

The North Carolina Division of Parks and Re- 
creation is responsible for planning for a state- 
wide system of park and recreation resources. 
The Di\ision administers the State Parks System 
which includes state parks, state natural areas, 
state recreation areas, state trails, state lakes, and 
natural and scenic rivers. The system functions 
to preserve unique examples of archaeologic, 
biologic, geologic, scenic, and recreational re- 
sources. I he Division is also responsible for the 
Land and Water Conser%'ation Eund Program, a 
federal matching-fund program which supports 
outdoor recreation, conser\'ation, and statewide 
recreation planning. Recreation consulting ser- 
vices are provided through a cooperative agree- 
ment with North Carolina State University. The 
Division is organized into four sections. 



561 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



ORGANIZATION 

Design and Development Section. The Design 
and Development Section is responsible for 
managing the Division's capital improvement 
projects, land acquisition program, and resource 
management program. The section maintains an 
inventory of repair and renovation needs in the 
State Parks System. 

Operations Section. The Operations Section is 
responsible for efficient management of the State 
Parks System. On-site park superintendents 
serve to manage park units. Section responsibil- 
ities include State Parks Systems operation, in- 
terpretation and education, visitor protection and 
safety, natural resource management, concessions 
management, state trails, and volunteer program 
administration. 

Consulting Services Section. The Consulting 
Services Section, tlirough a contract with North 
Carolina State University, provides advisory ser- 
vices, planning assistance, and training programs 
to public, private and commercial agencies and 
organizations. The section conducts the field 
administration of the Land and Water Conser- 
vation Fund by providing information, process- 
ing applications, performing inspections, and 
resolving conversions. The unit also conducts 
special projects, such as the "Take Pride in 
America" program--a nationwide effort to pro- 
mote public land stewardship. 

Planning and Assessment Section. The Plan- 
ning and Assessment Section prepares system- 
wide plans and general management plans for the 
State Parks System. The section is responsible 
for maintaining the State Comprehensive Out- 
door Recreation Plan, conducting special studies, 
and preparing preliminary' and feasibility studies 
of river segments nominated for inclusion into 
the State Natural and Scenic River System. The 
Natural Heritage Program, a part of the section, 
serves to identify, inventory, and provide pro- 
tection for rare and endangered plant and animal 
species, special wildlife habitats, sensitive 
wetlands, and geologic landforms. 

PARKS AND RECREATION COUNCIL 

The Parks and Recreation Council functions to 
advise the Department on the promotion, devel- 
opment, and administration of the State Parks 
System. The Council works to educate and in- 
form the citizens of the State on the needs and 
opportunities of the State Parks System. The 
Council also advises the Department with respect 
to the quality and quantity of the total recreation 



services provided to the citizens of the State (G.S. 
143B-311 through 313). 

RECREATION AND NATURAL HERITAGE 
TRUST FUND BOARD OF TRUSTEES 

The Board administers the Natural Heritage 
Trust Fund which was established to provide 
support for acquisition and management of sig- 
nificant natural areas (G.S. 113-77.6 through 
77.9). 

NORTH CAROLINA TRAILS COVLVIITTEE 

The Committee coordinates trail development 
among state and federal agencies, and local gov- 
ernments and advises the Department on all 
matters pertaining to trails. The Committee re- 
views and recommends trails for the designation 
as State Trails including segments of the 
Mountains-to-Sea Trail (G.S. 143B-88; 333; and 
334). 

DIVISION OF SOIL .\ND VV.\TER 
CONSERVATION 

512 North Salisbury Street 

P. O. Box 27687 

Raleigh, NC 2761 1-7687 

919/733-2302 

The Division of Soil and Water Conservation 
administers a comprehensive, statewide program 
for conserving our soil and water resources and 
operates under the Department of Environment, 
Health, and Natural Resources. The Division 
provides staff, clerical assistance, and policy im- 
plementation for the N.C. Soil and Water Con- 
servation Commission. It also helps the 94 local 
Soil and Water Conservation Districts and their 
State Association in their campaign for soil and 
water conservation. 

ORGANIZATION 

District Program Section. The District Pro- 
gram Section coordinates the activities of the 94 
local soil and water conservation districts across 
the state and ser\'es as staff for the N.C. Associ- 
ation of Soil and Water Conservation Districts, 
the 94 Districts' member association. 

N.C. Agriculture Nonpoint Source Pollution 
Control Section. The N.C. Agriculture Non- 
point Source Pollution Control Section, com- 
monly known as the NTS Section is responsible 
for encouraging the adoption of Best Manage- 
ment Practices (BMP's) to control agricultural 
nonpoint source poUution. This Section admin- 
isters the North Carolina Agriculture Cost Share 
Program and other nonpoint source pollution 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



562 



ST A TEMENTS OF ORGANIZA TION 



control programs addressing water quality pro- 
tection. 

Watershed Planning Section. The Watershed 
Planning Section supports the planning and im- 
plementation of PL 566 Small Watershed 
Projects (250,000 acres or less) under L'SDA-SoiJ 
Conservation Service Authority. The projects 
address community-wide natural resource prob- 
lems such as flooding, erosion, and water quality. 

Soils Section. The Soils Section supports the 
proper use and management of soil resources 
through mapping and interpretive services. The 
Section prepares county soil survey reports in 
cooperation with the Soil Conservation Service 
and pro\ides tcclinical assistance to soil and wa- 
ter conservation districts and other agencies. 

Wetlands ln\entor\' Section. The Wetlands 
Inventory Section provides quality control for 
the National Wetlands Inventory underway in 
North Carolina by the U.S. Fish and WUdLife 
Service, and distributes National Wetlands In- 
ventory maps and other wetlands-related materi- 
als that pertain to North CaroUna. 

NORIH CAROLINA SOIL AND WATER 
(ONShRWVnON CO\L\USSION 

G.S. 143B-294 states "there is hereby created 
the Soil and Water Conservation Commission 
of the Department of Natural Resources and 
Community De\elopment with the power and 
duty to adopt rules and regulations to be fol- 
lowed in the development and implementation 
of a soil and water conservation program." 

NORTH CAROLINA WILDLIFE 

RKSOURCKS COMMISSION 

512 North Saiisburv Street 

Raleigh, North Carolina' 27604-1188 

(919) 733-3391 

The North Carolina Wildlife Resources Com- 
mission is a separate State agency created under 
.Article 24 of Chapter 143 of the General Statutes. 
Ihe WUdhfe Resources Commission is responsi- 
ble for the management, restoration. de\'elop- 
ment, cultivation, conservation, protection and 
regulation of the wildlife resources of the State. 
The Wildlife Resources Commission is ;ilso 
charged with the responsibility of administering 
and enforcing the laws relating to boating :md 
water safety, game and freshwater fishes ;md 
other wildlife resources. 

NORTH CAROLLSA DEPARTMENT OF 
PUBLIC EDI CATION 



The Department of Public Education consists 
of the policy-making State Board of Itducation 
and the Department of Public Instruction, which 
is headed by the Superintendent of Public In- 
struction. The Superintendent is the secretary 
and chief administrative officer of the State Board 
of Education. 

The Department of Public Instruction is organ- 
ized in seven areas - Superintendent's Office, 
Deputy Superintendent's Office, Program Ser- 
vices, Personnel Services, Research and Devel- 
opment Services, Auxiliary Services, and 
Financial Services. 

Any person wishing to submit a petition re- 
questing the adoption, amendment or repeal of 
a rule by the State Board of Education shall ad- 
dress the petition to: 

Superintendent of Public Instruction 
1 16 West Edenton Street 
Raleigh, NC 27603-1712 

NORTH CAROLLSA DEPARTMENT OF 
THE SECRETARY OF STATE 

The Secretary of State is a constitutional officer 
elected to a four-year term by the citizens of 
North Carolina at the same time as other elected 
executive officials. He heads the Department of 
the Secretary of State which was created by the 
Executive Organization Act of 1971. The Secre- 
tary of State is a member of the Council of State 
and is an ex-officio member of the Local Gov- 
ernment Commission and Capital Planning 
Commission. He also serves on the Information 
lechnology Commission (fonnerly the Com- 
puter Commission) and is chairman of the Con- 
stitutional Amendments Publications 
Committee. 

By statute he receives all ratified bills of the 
General Assembly as well as the original journals 
of the state Senate and state House of Represen- 
tatives. 

The Secretary of State is empowered by law to 
administer oaths to any pubhc official of whom 
an oath is required. He is frequently called upon 
to administer oaths to officers of the Highway 
Patrol, judges and other elected officials. 

The Secretary of State is required to faithfully 
perform the duties assigned him by the Consti- 
tution and laws of North Carolina. The De- 
partment of the Secretary^ of State, under the 
direction of the Secretary of State, is charged 



56.? 



6:10 NORTH CAROLINA REGISTER August 15, 1 99 1 



STA TEMENTS OF ORGANIZA TION 



with maintaining certain records pertaining to 
state and local government actions and the com- 
mercial activities of private business. This duty 
is imposed by many widely distributed sections 
of the General Statutes of North Carolina and 
in\olves varying degrees of responsibility from 
reviewing of documents for conformity to statu- 
tory requirements prior to filing to enforcement 
authority. Ihe Department has responsibility 
under approximately fifty separate statutes which 
may be divided into categories dealing with 
custodianship of the Constitution and laws of the 
State, administrative commercial law, the elective 
process, the General Assembly and public infor- 
mation. 

General Administration Division 

The General Administration Division, under the 
supervision of the Secretary of State and his chief 
deputy, is responsible for all administrative and 
management functions including budget, person- 
nel, planning and coordination. In addition, the 
Division handles miscellaneous statutory duties 
and responsibilities not assigned to one of the 
other departmental divisions. Included among 
these are the registration of lobbyists, the regis- 
tration of trademarks, and the recording of mu- 
nicipal annexation ordinances. 

Corporations Division 

The Corporations Division is responsible for 
filing corporation and hmited partnership docu- 
ments as required by the laws of North Carolina. 
The various corporation and limited partnership 
laws are cnabhng statutes under which these or- 
ganizations are created. The responsibility of the 
Secretary of State is to ensure uniform compli- 
ance with such statutes, record information re- 
quired as a pubhc record, prevent duplication of 
corporate names and furnish information to the 
public. 

The division is responsible for maintaining re- 
cords on approximately 150,000 current corpo- 
rations and Limited partnerships. The 
Information Ser\'ices Group handles more than 
700 inquiries daily regarding the records and the 
unit processes more than 50,000 documents each 
year. 

Notary Public Division 

The function of issuing commissions to notaries 
pubUc was transferred to the Department of the 
Secretary' of State from the Office of the Gover- 
nor under the Executive Organization Act of 
1971. The primary' purpose of the Notar>' Public 



Division is to provide a means for establishing 
the authenticity of signatures. This is accom- 
plished through the issuing of commissions to 
notaries public in all of the counties in North 
Carolina. 

Publications Division 

The Publications Di\ision is primarily respon- 
sible for the compiling and publishing of infor- 
mation which will be useful to the General 
Assembly, to state agencies, and to the people of 
North Carolina. In addition, it is also responsi- 
ble for maintaining for public inspection, certain 
records for which the Secretary of State is custo- 
dian. The division publishes such useful items 
as the Directory of State and County Officials of 
North Carolina, the North Carolina Manual, and 
other smaller publications. 

\\'ithin the Pubhcations Division is the Land 
Grants Section where the historical land grants 
for North Carolina dating from the 1660's are 
found. Also in this section are the original rati- 
fied acts of the General Assemblies of North 
CaroUna, as well as primary and general election 
voting results for recent elections. In an effort to 
preser\'e and protect these valuable records, the 
Publications Division is working with the state 
Archives to microfilm the land grant records and 
transfer them to the state Archives for permanent 
keeping. 

The Securities Division 

The Securities Division is responsible for ad- 
ministering the state's securities laws. These 
"blue sky" laws, as they are known, are provided 
for in Chapters 78A, 78B, 78C, and 78D of the 
General Statutes. The intent of these laws is to 
protect the investing public by requiring a satis- 
factory investigation of both the people who offer 
securities and of the secunties themselves. The 
laws provide for significant investigatory powers 
and for due process in any administrative, civil 
or criminal action. The Securities Division is the 
appropriate state agency for addressing investor 
complaints concerning securities brokers, stock- 
brokers, investment advisors, or commodity 
dealers, and for inquiring about offerings of par- 
ticular securities or commodities. /Vlthougli the 
division cannot represent an investor in a claim 
for monetary damages, the staff can investigate 
alleged violations and suspend or revoke a li- 
cense, issue stop orders against securities offer- 
ings, issue cease and desist orders, seek court 
ordered injunctions, or refer the matter to the 
appropriate district attorney for criminal prose- 
cution. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



564 



STA TEMENTS OF ORGANIZA TION 



The Secretary' of State, as the state's securities 
administrator, is a member of the North /Vmeri- 
can Securities Administrators Association 
(NASAA). Through this organization the divi- 
sion's staff assists in the adoption of nationwide, 
uniform policies on secuntics. The Division 
works with other state securities agencies, various 
federal agencies (mcluding the Securities and Ex- 
change Commission), and with various industry 
groups such as the National Association of Se- 
curities Dealers. 

Lniform Commercial Code Division 

The Uniform Commercial Code Division is re- 
quired under Article 9 of the Code to provide a 
method of giving notice of security interests in 
personal property to interested third parties. The 
method adopted is a "notice" fding system. Re- 
corded information in the UCC Division is pub- 
lic record. 

The Secretajy of State, as central tiling officer, 
receives and files financing statements and related 
"notice" statements and furnishes information to 
the public regarding such statements. 

It is the responsibility of the secured party to file 
a statement showing the name and address of the 
debtor, the name and address of the secured party 
and a brief description of the coUatcral. These 
documents are indexed by the debtor's name. A 
search of the records on a particular debtor wiU 
produce a Ust of all active creditors who have 
filed statements with this office. Interested par- 
ties are given information sufficient to contact the 
creditors for further information regarding the 
hen. 

The Secretar\' of State is also central filing offi- 
cer for federal tax liens which are handled in the 
same manner as LCC fiUngs. 

The business License Information Office 



The purpose of the Business License Informa- 
tion Office is: 

to offer new and existing businesses an 
accessible central information source; 
to assist potential business owners to se- 
cure the nccessar>' state issued Ucenses, 
permits, and or other authorizations in 
order to operate a business in North 
Carolina; 

to monitor the license application review 
process; and 
to act as an advocate for regulatory' reform. 



(1) 
(2) 

(3) 
(4) 



Assistance is available to all businesses regard- 
less of size, type or location. There are no fees 
for the services provided and assistance is avail- 
able by telephoning or by visiting the office. A 
toll free telephone number has been established 
for the convenience of the users. The number is 
1-800-228-8443. 

A directorv', the North Carolina State Directory 
of Business Licenses and Permits has been pub- 
fished by the office. This pubfication contains 
up-to-date information on over 600 state re- 
quired ficenses and permits. 

MAILING ADDRESSES: 

The mailing address for the General Adminis- 
tration Di\'ision, the Corporations Division, the 
Notary' Fubfic Di\ision, the Publications Divi- 
sion, and the Lnifonn Commercial Code Divi- 
sion of the Department of the Secretary of State: 

(name of division) 

Department of the Secretary' of State 

Room 302 

Legislative Office Building 

300 N. Safisbury St. 
Raleigh, N.C. 27603-0509 

The maifing address for the Securities Division 
of the Department of the Secretary' of State is: 



The newest addition to the Department of the 
Secretary' of State is the Business License Infor- 
mation Office. Created in 1987 by the General 
Assembly, this office grew out of the recognition 
of the business community's need for relief from 
an often confusing licensing system, and the re- 
cognition that the time and energy of prospective 
business owners could be better spent in other 
areas. There are hundreds of business related fi- 
censes and permits issued by the State of North 
Carolina with hundreds of applications and re- 
lated forms to be completed to obtain them. 
This experience can be \ery' frustrating. 



Securities Division 

Department of the Secretary of State 

Room 404 

Legislative OtTice Building 

^300 N. Safisbury St. 
Raleigh, N.C. 27603-0509 

The mailing address for the Business License 
Infonnation Office of the Department of the 
Secretary of State is: 

Business License Infonnation Office 
Department of the Secretar)' of State 



565 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



301 W.Jones St. 
Raleigh, N.C. 27603 

Telephone numbers for the divisions of the 
Department of the Secretary of State are: 

General Administration Division 
(919) 733-4161 

Corporations Division 
(919) 733-4201 

Notarv Public Division 
(919) 733-3406 

Publications Division 
(919) 733-7355 

Securities Division 
(919) 733-3924 

Uniform Commercial Code Division 
(919) 733-4205 

Business license Information Office 
(919) 733-0641 

NORTH CAROLINA SIATE BOARD OF 
ARCmilXn RK 

The North Carolina Board of Architecture is 
charged with the licensing and regulation of the 
practice of architecture in the State of North 
Carolina. For submissions, requests or further 
information, please contact the Executive Direc- 
tor, Cynthia B. Skidmore, 501 N. Blount Street, 
Raleiah, North Carolina 27604, telephone (919) 
733-9544. 

NORTH CAROLINA AlC IIONLLR 
LICENSING BOARD 

The Auctioneer Licensing Board is responsible 
for the administration and enforcement of the 
Auctioneers Law, G.S. 85B, which establishes 
specific standards of conduct for auctioneers and 
auction firms that ser\'e to protect the public 
from incompetent or unqualified persons engag- 
ing in auction activities, and from deceitful prac- 
tices, willful misrepresentations or fraudulent and 
dishonest dealings; affords a means of redress of 
grievances to any person suffering damage, and 
pro\ides a means of monetary restitution for loss 
suffered. 

The .Auctioneers Law stipulates that there shall 
be a five-member Commission, appointed by the 
Governor. By law, three members are from 
nominations submitted to the Governor h\ the 



Auctioneers Association of North Carolina. At 
least three members must be experienced licensed 
auctioneers; one member is appointed to repre- 
sent the pubhc at large, and cannot be licensed 
as an auctioneer. 

It is the responsibility of the Board to license 
auctioneers, apprentice auctioneers, and auction 
firms and to see that the quahfications and ac- 
tivities of those engaged in auctioneering activ- 
ities are in accord with the law, and in the best 
interest of the public. The Board is not a board 
of arbitration and has no jurisdiction to settle 
disputes between parties concerning such matters 
of contract as the rate of commissions, the divi- 
sion of commissions, pay of assistants and similar 
matters. 

The Commission may upon its own motion or 
upon the written complaint of any person, pro- 
vided the complaint and any e\idence presented 
with it establishes a prima facie case, hold a 
hearing and investigate the actions of any 
licensee, and has the power to suspend or revoke 
any license issued. The Commission may in its 
own name seek injunctive relief to restrain any 
violation or anticipated violation of the 
Auctioneers Law and utilizes the services of the 
Attorney General's Office in enforcing the pro- 
visions of G.S. 85B. 

The Commission holds monthly meetings; re- 
ceives and acts upon license applications; adopts 
rules and regulations; investigates complaints; 
holds administrative hearings as needed; suspends 
or revokes Licenses when warranted; sponsors and 
underwrites educational projects for the benefit 
ot licensees, and provides recover*' and guaranty 
protection through the Auctioneer Recovery 
Fund. 

The Board's operational activities are supported 
totally by license fees collected from those in the 
auction profession and deposited with the State 
Treasurer: no funds are appropriated for the use 
of this agency. The Board employs a full-time 
staff which administers examinations, issues and 
renews licenses, publishes an annual directory 
and biannual ne\<.sletters, and is responsible for 
the daily functioning of the office. Complaints 
are investigated with the assistance of a contrac- 
tual investigative flnn. 

The administrative offices of the Auctioneer Li- 
censing Board are located at: 

3509 Ilaworth Drive, Suite 306 

Raleigh, North Carolma 27609-7276 

Telephone: (919) 733-2182 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



566 



STA TEMENTS OF ORGANIZA TION 



Ofl'ice hours are 8:30 a.m. until 5:00 p.m., .Mon- 
day through I'nday, except holidays. Inquires 
should be directed to the Executive Director or 
Administrative Assistant at the above location. 

NOR IH CAROIJNA ST.A.TE BOARD OF 

CI:R riFIKD PI BLIC ACCOLATANT 

KXAMPSERS 



paying a minimal privilege license fee. However, 
anyone not Hcensed by the North Carolina Board 
of CPA Fxaminers is restncted to only the title 
"accountant". Even though a person is a CPA 
in another state and holds a position in such 
fields as industry, government or education, a 
North Carolina certificate issued by the Board 
must be obtained in order to use the CPA title 
while in this State. 



The North Carohna State Board of Certified 
Pubhc Accountant Fxaminers is an independent 
State agency and an occupational hcensing board 
authorized by Chapter 93 of the N. C. General 
Statutes. 

BO.\RD RESPONSIBILITIES 

The Board has these pnmary responsibilities: 

(1) to grant CPA certificates to those who 
have met legal requirements including age, 
citizenship, education, experience and 
good moral character; 

(2) to register CPA timis; 

(3) to annualh' renew CPA certificates and 
firm registrations; 

(4) to administer the semi-annual CPA Fx- 
amination; 

(5) to administer the CPF compUance pro- 
gram; 

(6) to adopt rules of professional ethics and 
conduct to he obser\-ed by CPAs in this 
State; 



INFORMAIION 

"^'ou may obtain information from and make 
submissions or requests to the North Carolina 
State Board of Certified Public Accountant Ex- 
aminers in person at 1101 Oberhn Road, Suite 
104, Raleieh, North Carolina; bv mail at Post 
Office Box^ 12827, Raleiah, NC 27605-2827; and 
by telephone at (919) 733-4222. 

NORTH CAROFINA BOARD OF 
CHIROPRACTIC EXAMFVERS 

The North Carolina Board of Chiropractic Fx- 
aminers is an occupational licensing agency 
which regulates the practice of Chiropractic by 
( 1 ) determining whether applicants have satisfied 
the statutory requirements to be admitted to 
practice, and (2) enforcing the statutory pro- 
\ isions governing the practice of Chiropractic. 

x\ny interested party may obtain information 
and make submissions or requests by contacting 
the Board m wnting at the following address: 

N.C. Board of Chiropractic Examiners 

c;o Mrs. Carol Hall, Executive Secretary 

P.O. Box 312 

Concord, N.C. 28025 



(7) to conduct administrative hearings with 
respect to State statutes and Board rules; 
and 

(8) to administer other provisions of G.S. 93. 

BOARD COMPOSITION 

The Board is composed of five persons who are 
CPAs and two persons who are not CPAs who 
represent the pubhc at large. The Board's staff 
includes an Executive Director, ten other full- 
time staff members and several part-time student 
interns. 

USE OF CP.V TITLE RESTRICTED B^ LAW 

North Carolina accountancy law is unusual in 
that anyone can practice public accountancy by 



NORTH CAROLEVA LICENSING BOARD 
FOR GENERAF CONTRACTORS 

The North Carohna Licensing Board for Gen- 
eral Contractors is located at 3509 Haworth 
Drive, Suite 302, Raleigh. North Carolina. Its 
mailing address is Post Office Box 17187, 
Raleidi, North Carolina 27619. The telephone 
number is (91Q| 781-8771. .Mark D. Selph is 
Secretary-Treasurer of the Board. Requests for 
information or similar rnquiries should be made 
to the Board s oflice. The members of the Board 
are: .Vrthur C. Flood, Chairman; Richard T. 
Howard, Vice-Chairman; Nathaniel E. Clement; 
Robert A. Hanell; D. Bruce Armstrong; 
Douglas A. Fopp and Dean B. McClatchey. 

NORTH CAROFINA BOARD OF 
COS.METIC ART EXAMFSERS 



567 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



Goal: The goal of the State Board is to assure 
the consumer of clean and sanitary salons and 
that the sen.ices offered are not damaging to the 
consumer. 

The purpose of this Board is to license aU peo- 
ple employed as professionals in Cosmetic Art 
schools, coUeges and salons in North Carolina 
and to assure they have met all standards and 
requirements to have a License. 

The Board consists of four members appointed 
by the Governor, one by the N. C. House 
Speaker, and one appointed by the Lt. Governor. 
The Board Members meet to set policy and 
standards for Cosmetic Art in North Carolina. 

Board Members are: Phil Shehdan, Alma 
Tilghman, Carol Richardson, Benjamine Car- 
penter, Joyce .Mason, and Patricia Tippett. 

Objectives: 

1 . To increase accessibility of training in the 

area of cosmetolog\'. 

2. To increase the number of licensed 
cosmetologists, manicurists, schools, col- 
leges, and salons. 

3. To reduce complaints filed against schools, 

salons, cosmetologists, and manicurists. 

Office Hours are 8-5:00 P.M., and Telephone 
number is (919) 850-2793. The Executive Sec- 
retary is Vicky Rothrock Goudie. 

N.C. State Board of Cosmetic Art Examiners 

Grove Towers, Fifth Floor 

1110 Navaho Drive 

Raleigh, North CaroHna 27609 

NORTH CAROLINA STATE HOARD OF 
DENTAL EXAMESERS 

The North Carolina State Board of Dental Ex- 
aminers was created by Chapter 90, Article 2, of 
the North (Carolina General Statutes as the state 
agency responsible for regulating the practice of 
dentistry in North Carolina. The Board is also 
charged with regulating the practice of dental 
hygiene under Article 16 of the same Chapter. 

The Board of Dental Examiners maintains ad- 
ministrative offices in Raleigh, North Carolina, 
at 3716 National Drive, Suite 221, of the Kogcr 
Executive Center. The Board's mailina address 
is Post OtTice Box 32270, Raleigh^ North 



Carolina 27622. The telephone number is (919) 
781-4901, and Board office hours are 8:30 a.m. 
to 5:00 p.m. .Monday through Friday. Christine 
H. Lockwood is the Executive Secretary of the 
Board. Requests for information or similar in- 
quiries should be made to the Board's offices. 

Members of the Board include six dentists, one 
dental hygienist and one member of the pubUc. 
Dentist-members are elected by vote of all li- 
censed dentists, the hygienist-member is elected 
by vote of all licensed hygicnists and the public 
member is appointed by the Governor. Current 
members of the Board are: Dr. Bettic R. 
McKaig, President; Dr. Kent N. Tucker, 
Secretary-Treasurer; Dr. Stanley L. Eleming; Dr. 
Carlton V. Winter; Dr. James C. Elliott Jr.; Dr. 
E. Smith Jewel; Ms. Nancy A. St. Onge, R.D.H.; 
and Ms. Marie S. Moore, Consumer Member. 

NORTH CAROLESA STATE BOARD OF 

EXA.MINERS OF ELECTRICAL 

CONTRACTORS 

The State Board of Examiners of Electrical 
Contractors was created by Article 4, Chapter 87, 
of the General Statutes. The Board consists of 
seven members as foUows: one member from the 
North Carolina Department of Insurance desig- 
nated by the Commissioner of Insurance; one 
member who is a representative of the North 
Carolina y\ssociation of Electrical Contractors 
designated by the governing body of that organ- 
ization; and five members appointed by the 
Governor: one from the faculty of the Greater 
L'niversity of North CaroUna who teaches or 
does research in the field of electrical engineering, 
one who is serving as a chief electrical inspector 
of a municipahty or county in North Carolina, 
one who has satisfied the requirements for a Li- 
cense classified under G.S. 87-43.3 and who re- 
presents a sole proprietorship, partnership or 
corporation located in North Carolina which is 
actively engaged in the business of electrical con- 
tracting, and two who have no ties with the 
construction industry and who represent the in- 
terest of the public at large. 

The Board meets several times a year to transact 
business and it administers the written qualifying 
examinations to appUcants for a License twice a 
year m March and September. 

Information may be obtained from and sub- 
missions and requests may be made at the 
Board's office located at 1200 Front Street, Suite 
105, Raleisih, North Carolina 27609, Telephone 
(919) 733-9042. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



568 



STA TEMEMS OF ORGANIZA TION 



BOARD OF RKCISTRATION FOR 
FORKSFFRS 



BOARD OF MKDICAL FXAMPsFRS OF 
THF STATE OF NORTH CAROI FSA 



The State Board of Registration for I'oresters 
has the statuton,' duty and authority to adminis- 
ter a voluntary program of registration for 
foresters. These rules shall govern the registra- 
tion program of the Board. 

AU communications with the Board shall be 
through the secretary of the Board at the follow- 
ing address: 

Secretary of the State Board of Registration for 

Foresters 

P. O. Box 27393 

Raleigh, North CaroUna 27611. 

NORTH CAROLINA BOARD FOR 
LICENSING OF GEOLOGISTS 

The North Carolina Board for Licensing of 
Geologists is an occupational licensing board 
which regulates the practice of geology by ( 1 ) 
determining whether applicants meet the statu- 
tory" requirements for Ucensing, and (2) enforcing 
the statutory provisions governing the practice 
of geology. N.C.G.S. Chapter 89E sets out the 
statutor\' authority of the Board. 

j'Vny interested party may obtain information 
and make submissions or requests by contacting 
the Board at P. O. Box 27402, Raleigh. N.C^ 
2761 1 or by calUng 919-781-7297. 

NORTH CAROLINA BOARD OF 
LANDSCAPE ARCHITECTS 

The North Carolma Board of landscape Ar- 
chitects is an occupation;d hcensing board re- 
sponsible for the profession of landscape 
architecture, to include administering examina- 
tions, issuing certificates of registration, issuing 
annual rencw;d of certificates of registration, and 
for insuring compliance with the landscape ar- 
chitects' law. 

NORTH CAROLINA LANDSCAPE 
CONTRAC LORS' REGISTRATION BOARD 

The North Carolina L;mdscape Contractors' 
Registration Board is an occupational Ucensing 
board responsible for the profession of landscape 
contracting, to include administering examina- 
tions, issuing certificates of registration, issuing 
annual renewal of certificates of registration, and 
for insuring compUance with the landscape con- 
tractors' law. 



HISTORY AM) PURPOSE: 1 he North 

Carolina Board of Medical Examiners was es- 
tablished in 1859 by the legislature of the State 
of North Carolina to regulate the practice of 
medicine and surgerv' in the state. It is for that 
purpose that the Board of Medical Examiners 
exists today. 

COMPOSITION: The current Board of Med- 
ical Examiners is composed of eight members. 
Seven of the members are physicians appointed 
by the Governor after being nominated by the 
North Carolina Medical Society; and one non- 
physician public member is also appointed by the 
Governor. 

MEKTINGS: Pursuant to statute, the Board 
meets at least annually. Currently meetings are 
scheduled six times a year in January, March, 
May, July, September, and No\ember. Other 
meetings are scheduled during the year as needed 
to accomplish the Board's purpose. 

PUBLIC COMPU.MNTS: The Board has its 
greatest contact with the public in recei\'ing 
complaints regarding physician behavior and 
competence. The public may contact the 
Board's office for the proper form to submit a 
complaint regarding practices of physicians or 
concerns regarding the practice of medicine in the 
state. The written complaint must contain the 
name of the physician concerned and the nature 
of the complaint. 

LICENSURE: AppUcants for licensure to prac- 
tice medicine in the State of North C'arolina may 
make application upon forms supphed by the 
Board's office. The Board is also responsible for 
approval of the peribrmance of medical acts by 
physician assistants; and is jointly responsible 
with the Bo;ird of Nursing for the approval of 
medical acts by nurse practitioners. 

Any questions not addressed herein may be ad- 
dressed to the North Carolina Board of Medical 
Examiners at 1313 Navaho Dri\e, Raleigh, 
North Carolina 27609, telephone (919) 876-3885. 

MIDWIFERY JOINT COMMI ITEE OF 
HIE SFAI E OF NOR I H CAROLINA 

"\hdwifen,' Joint Committee administers the 
pro\isions of /Vrticle lOA 'Practice of Midwifer>"' 
by the approval of nurses to practice midwifer>' 
in North Carolina and by regulation of that 
practice. 



569 



6:10 AORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



All meetings of the Midwifery Joint Committee 
are open to the public. Persons wishing to bring 
matters to the attention or consideration of the 
Midwifery^ Joint Committee may write the 
Midwiferv Joint Committee, P.O. Box 2129, 
Raleigh, NC 27602." 

NORTH CAROLINA BOARD OF 
.MORTl ARV SCIENCE 

The North Carolina Board of Mortuary Science 
was created by Article 13A, Chapter 90, General 
Statutes. The Board consists of six persons li- 
censed by the Board and elected by licensees, 
plus one public member appointed by the Gov- 
ernor. The Board meets as often as necessary to 
transact its business. (It is required by law to 
meet at least twice a year.) It administers the 
examination to applicants for licensure twice a 
year. 

Information may be obtained from the sub- 
missions and requests may be made to the Board 
office, located at 412 North Wilmington Street, 
Raieiah. NC 27601, telephone (919) 733-9380, 
Fax (919) 733-8271. 

NORTH CAROLINA BOARD OF NURSING 

"The North Carolina Board of Nursing licenses 
registered nurses and licensed practical nurses; 
regulates the practice of nursing; approves edu- 
cational units leading to licensure; approves nurse 
aide educational programs; maintains the Nurse 
Aide Central Registr\'; issues interpretations of 
the Nursing Practice Act; and maintains a joint 
subcommittee with the North Carolina Board of 
.Medical Examiners for matters relating to the 
performance of medical acts of registered nurses. 

All meetings of the Board, including Board 
committee meetings, are open to the public. 
Persons wishing to bring matters to the Board for 
its attention or consideration shall submit the 
request in writing no less than 30 days prior to 
the scheduled regular meeting. The Board office 
is located at 3724 National Drive, Suite 201, 
Raleitih. NC 27612; mailing address is P.O. Box 
2129,^Raleigh, NC 27602." 

NORTH CAROLINA STATE BOARD OF 

EXAMINERS FOR Nl RSFSG HOME 

ADMESISTRATORS 

1 he N.C. State Board of Examiners for Nursing 

Home Administrators has the following func- 
tions and duties: 



1. Develop standards for licensure of nursing 
home administrators. 

2. Development and administration of ex- 
aminations for licensure candidates. 

3. Issuance of licenses as nursing home ad- 
ministrators. 

4. Establish and implement procedures to 
insure that licensees comply with licensure 
standards. 

5. Investigation of complaints relating to 
nursing home administrators. 

6. Continuing study for the purpose of im- 
provements in the standards for licensing. 

7. Conduct and review continuing educa- 
tion programs for nursing home adminis- 
trators. 

8. Develop and implement rules and regu- 
lations. 

9. Receive and disburse funds for the opera- 
tion of the Board. 

10. M;iintain a register of all applicants for 
licensure and of licensed nursing home 
administrators. 

1 1 . Develop an administrator-in-training pro- 
gram to insure that nursing home admin- 
istrators have adequate training and 
experience prior to licensure. 

Location: 3701 National Drive, Suite 123, 
Raleigh, N.C. 27612. 

Mailing Address: Same 

Telephone Number: 919/571-4164 

Contact: Jane C. Abemathey 

NORIH CAROLINA BOARD OF 
OCCUPATIONAL THERAPY 

The North Carolina Board of Occupational 
Therapy licenses Occupational Therapists and 
Occupational Therapist Assistants to practice the 
profession of Occupational Therapy in the State 
of North Carolina. The Board is composed of 
six members appointed by the Governor for 
staggered terms from one to four years. The 
Board consists of three Occupational Therapists, 
one Occupational Therapist Assistant, a public 
member and a physician licensed to practice 
medicine. The Board receives applications for 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



570 



STA TEMENTS OF ORGANIZA TION 



prospective licensees, reviews the applications 
and if appropriate, issues Licenses. It also con- 
ducts hearings with regard to Licensure and with 
regard to the fumisliing of competent occupa- 
tional therapy services to the citLzens of North 
Carolina. 

The Office of the Board is located at Suite 1921, 
Center Plaza Building, 411 FayetteviLle Street 
Mall, Raleigh, North Carolina. The mailing ad- 
dress of the Board is P.O. Box 2280, Raleigh, 
North Carolina 27602, and its telephone number 
is (919) 832-1380. The office hours of the Board 
are from 9:00 a.m. to 5:00 p.m. .Monday through 
Friday. 

NORTH CAROLINA STATE BOARD OF 
OPTICIANS 

The North Carolina State Board of Opticians 
is located at: 

412 North Wilmington Street 
Raleigh, North Carolina 27601-1061 

The Board consists of seven members. Any 
information, submissions or requests may be di- 
rected to the Board office at the address above 
orby calUng(919) 733-9321. 

NORTH CAROLINA ST ATL BOARD OF 
KXAMINFRS IN OPTOMFFRV 

The Board is established pursuant to North 
Carolina General Statute Section 90-116. Stat- 
utes concerning the Board are found at Sections 
90- 1 14 eL seq. Rules and regulations concemine 
the Board are found at 21 NCAC 42A .000 F 
The Board's office is located at 321 East Main 
Street, Post Office Drawer 609, Wallace, North 
Carolina 28466-0609. 

Officers of the Board are: 

President 

Dr. L. S. Christian 

413 West Mam 

Wilhamston, North Carolina 27892 

(919) 792-2195 (OFFICE) 

(919) 792-3602 (HOME) 

Secretar\' 

Dr. William B. Rafferty 

Veterans Administration Medical 

Center Eye Clinic 

1601 Brenner Avenue 

Salisbury-, North Carolina 28144 

(704)' 638-9000 (OFFICE) 

(919) 760-0633 (HOME) 



Executive Director 

Dr. John D. Robinson 

321 East Main Street 

Post Office Drawer 609 

Wallace, North Carolina 28466 

(919) 285-3160 (OFFICE) 

NC WATS 800-426-4457 

(919) 285-5059 (HOME) 

Questions concerning the Board's operations or 
activities should be directed to Executive Direc- 
tor Robinson. The Board's legal counsel is: 

Johnny M. Foper 

^^'omble Carlyle Sandridge and Rice 

Post Office Box 831 

Raleigh, North Carolina 27602 

(919) 755-2100 

The Board does not hold regularly-scheduled 
meetings other than its annual meeting and those 
associated with the administration of licensing 
exanrination, but rather meets as events require. 
.Although the Board has not designated a specific 
site for its meetings, they are most often held in 
Raleigh. Fhc licensing examination meetings 
have been scheduled in Raleigh twice yearly 
through 1996. Administrative hearings are usu- 
ally held m Raleigh- 

NORTH CAROLINA BOARD OF 
PHARMACY 

The North Carolina Board of Pharmacy is lo- 
cated at 602II Jones Ferr>' Road, Carrboro, 
North CaroUna. Its mailing address is Post Of- 
fice Box 459, Carrboro, North Carolina 27510. 
The telephone number is (919) 942-4454. David 
R. Work is F.xecutive Director of the Board. 
Requests for information or similar inquiries 
should be made to the Board's office. Members 
of the Board are: Jack G. Watts, President; 
Harold Varm Day, Vice-President; WiUiam H. 
Randall, Jr.; Wilham Wfiitaker Moose; William 
T. Biggers; and Albert F. Lockamy, Jr. 

NORTH CAROLINA BOARD OF 
PHYSICAL THERAPY EXAMLSERS 

The North Carolina Board of Physical Therapy 
Examiners is an occupational licensing board 
which was created by the General Assembly in 
1951. The Physical Therapy Practice Act is 
found in G.S. 90-270.24 - 90-270.39. 

The Board: 

1) issues licenses to practitioners of physical 
therapy in order to protect the safety and 



571 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



2) 



3) 



welfare of recipients of physical therapy 
services in North Carolina. Both physical 
therapists and physical therapist assistants 
are licensed by the Board. Currently there 
are 2318 physical therapists holding active 
licenses with 1635 of these residing in 
North Carolina. There are 758 Ucensed 
physical therapist assistants and 638 of 
them hve in the State. 

is charged with the responsibility of inves- 
tigating complaints regarding the unau- 
thorized practice of physical therapy in 
North Carolina and acts of hcensees that 
violate the Practice Act. 

issues interpretation of questions arising 
from the Physical Therapy Practice Act. 



The Board consists of eight members including 
one medical doctor, four physical therapists, two 
physical therapist assistants, and one public 
member, who represents the interest of the public 
at large and is a person who is not Ucensed under 
Chapter 90. 

Licenses are granted both by endorsement of an 
active license in another state and by examina- 
tion. Examinations will be held on July 25, 
1991, November 7, 1991, and March 5, 1992. 

The Board has adopted rules and regulations 
pursuant to the Administrative Procedure Act 
which are codified in 21 NCAC, Chapter 48. 

Further information may be obtained by writing 
the Executive Secretary, 2426 Tryon Road, 
Durham, North Carolina 27705. 

NORTH CAROLINA BOARD OF 
PODIATRY EXAMINERS 

The Board of Podiatry Examiners for the State 
of North Carolma is estabhshed by G.S. 90-202.4 
of the North Carohna General Statutes. The 
Board consists of four members appointed by the 
Governor. Three of the members are licensed 
podiatrists and the other member is chosen by 
the Governor to represent the public at large. 

The Board of Podiatry Examiners for the State 
of North Carolina is an occupational hcensing 
Board responsible for the practice of podiatry, 
including examinations, licensure, discipline, 
continuing education, record keeping and other 
matters pertaining to the practice of podiatr>- in 
the State of North Carolina. 



Information may be obtained from and sub- 
missions and requests may be made through Ann 
Carlton, the Board's Executive Secretary, P. O. 
Box 1088, Raleigh, North Carolina 27602, or the 
Board President, Dr. C. Jeff Mauney, P. O. Box 
1801, Shelby, North Carohna 28150. Ms. 
Carhon's phone number is (919) 829-4989 and 
Dr. Mauney's phone number is (704) 487-7555. 

NORTH CAROLINA STATE BOARD OF 

EXAMINERS OF PRACTICESG 

PSYCHOLOGISTS 

The North Carohna State Board of Examiners 
of Practicing Psychologists was estabhshed in 
1967 by an Act of the North Carolina Legislature 
known as the Practicing Psychologist Licensing 
Act. The purpose of the Board is to provide for 
the examination and hcensure of persons who 
engage in the practice of psychology in the State. 
The mailing address is University Hall, 
Appalachian State University, Boone, North 
Carohna 28608. Telephone (704) 262-2258. 

NORTH CAROLLSA STATE BOARD OF 
REGISTRATION FOR PROFESSIONAL 
ENGESEERS AND LAND SURVEYORS 

The North Carohna State Board of Registration 
for Professional Engineers and Land Surveyors 
is estabhshed under the provisions of Chapter 
89C of the North Carolina General Statutes. 
The Board is composed of nine members, ap- 
pointed by the Governor for a five year term. 
There are four (4) Professional Engineer mem- 
bers, three (3) Registered Land Surveyor mem- 
bers, and two (2) pubhc members. 

The Board is responsible for the administration 
and regulation of the professions of engineering 
and land surveying in North Carolina. The 
Board reviews apphcations, administers exam- 
inations, registers qualified appUcants, and regu- 
lates the Professional practice of the registrants 
throughout the State. Complaints are investi- 
gated, and those requiring further action are 
scheduled for a hearing before the Board. 

Board meetings are held at the Board's offices 
in Raleigh, and are open to the pubhc. Persons 
wishing to brmg matters for the Board's consid- 
eration should submit written notification or re- 
quest to be placed on the agenda at least 20 days 
prior to the scheduled regular meeting. The 
Board address is 3620 Six Forks Road, Suite 300, 
Raleigh, North Carohna 27609; phone (919) 
781-9499. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



572 



STA TEMENTS OF ORGANIZA TION 



NORIH CAROIJNA REAL ESTATE 
COMMISSION 

The North Carolina Real Estate Commission 
is a state governmental agency. Its address is 
Post Office Box 17100, Raleieh, NC 27619 and 
its telephone number is (919) 733-9580. 

The Commission licenses and regulates real es- 
tate agents including brokers, salesmen and cor- 
porate brokers. It handles complaints from 
consumers against licensees. The (Commission 
registers time share projects and regulates their 
sales activities. The Commission also licenses, 
certities and regulates real estate appraisers, as 
directed by the Real Estate Appraisal Board. 
The Commission has the power to take discipli- 
nary action against real estate agents, and time 
share projects where it determines there is a vio- 
lation of the License Law, and state-licensed and 
state-certified real estate appraisers where the 
Appraisal Board determines there is a violation 
of the Appraiser Act. 

Departments and personnel in the Real Estate 
Commission include the Commission itself, con- 
sisting of seven volunteer members appointed by 
the Go\emor. The Executive Director is re- 
sponsible for overall administration of the Com- 
mission's staff, and programs and operations in 
accordance with the policies and directives of the 
Commission. 1 he administrative section is re- 
sponsible for personnel and financial manage- 
ment, as well as general and technical support. 
The licensing section processes the various ap- 
plications submitted and maintains records on all 
licensees. The education section develops 

standards and materials for pre-licensing study, 
approves real estate schools and develops and 
administers the real estate and appraiser license 
examination program. The investigative section 
investigates complaints against real estate agents, 
appraisers and time share sales and management 
personnel. The section also employs auditors 
who examine the trust accounts of real estate 
firms and time share projects. The legal section 
conducts inquiries and coordinates investigations 
of consumer complaints, prosecutes charges 
against licensees at hearings before the Commis- 
sion, and provides legal counsel to the Commis- 
sion. The appraiser section administers a 
voluntary program for licensing and certifying 
real estate appraisers. 

NORTH CAROLINA CERTIFICATION 
BOARD EOR SOCIAL W ORK 

The North Carolina Certification Board for 
Social Work is an occupational regulatory board 



authorized by the Social Worker Certification 
Act, Chapter 90 B of the North Carolina General 
Statutes. 

The North Carolina Certification Board for 
Social Work administers and enforces the pro- 
visions of the Social Worker Certification Act. 

Ihe primary responsibilities of the Board are: 

(1) To examine and pass on the qualifications 
of all applicants for certification; and 

(2) To establish or approve study or training 
courses. 

The North Carolina Certification Board for 
Social Work is composed by law of seven mem- 
bers appointed by the Governor. Board mem- 
bers shall include four certified social workers and 
three members from the general public. At all 
times the Board shall include at least one mem- 
ber primarily engaged in social work education, 
at least one member primarily engaged in social 
work in the public sector, and at least one mem- 
ber primarily engaged in social work in the pri- 
vate sector. 

The public may obtain information about cer- 
tification or submit applications to the North 
Carolina Certification Board for Social Work, 
P.O. Box 1043, Asheboro, North Carolina 
27204, telephone (919) 625-1679. 

BOARD OF EXAMINERS FOR SPEECH 

AND LANC.l AGE PATHOLOGISTS 

AND AUDIOLOGISTS 

Board Chair: Gregg D. Givens, Ph.D. 
Board Members: LuVem H. Kunze, Ph.D. 

John E. Sexton, M.S. 

Dons S. Blackwell, M. Ed. 

G. Don Roberson, M.D. 

Ms. Sheila W. Cothran 

Ms. Thayle M. Sanderson 

Executive Secrctar\': Sandra S. Capps 

NOR IH CAROEPSA \ El ERFSARY 
MEDICAL BOARD 

The North Carolina Veterinary Medic;il Board 
is charged with the licensing and regulation of the 
practice of veterinary medicine in the State of 
North Carolina. It is established pursuant to 
Article 11, Chapter 90 of the General Statutes. 
The Board office is located at 1307 Glenwood 
Avenue, Suite 156, Raleigh, North Carolina. 
For submissions, requests or further information, 
please contact the Executive Director of the 



57 i 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



STA TEMENTS OF ORGANIZA TION 



Board, Terrell B. Ryan, D.V.M., Post Office Box 
12587, Ralei^, North Carolina 27605, Tele- 
phone; 919,733-7689. 

NORTH CAROLINA DEPARTMENT OF 
COMMUNITY COLLEGES 

The Department of Community Colleges fulfills 
its administrative responsibilities through the 
following organizational structure: Office of the 
System's President with an Executive Vice Presi- 
dent, four special assistants, and three divisions- - 
Finance and Administrative Support, Programs, 
and Student Development Services, each headed 
by a Vice President. 

NOR IH CAROLINA HOUSING FINANCE 
AGENCY 

Description of Organization 
The North Carolina Housing Finance Agency 
was created by the North Carohna General y\s- 
sembly in 1973. The purpose of the Agency is 
to fmance affordable housing for the state's low- 
and moderate-income citizens. The Agency ob- 
tains funds to meet this goal through the sale of 
tax-exempt bonds, the management ef federal 
housing programs and the administration of the 
state's housing trust fund. Funds earned through 
Agency operations pay staff salaries and admin- 
istrative expenses. 

For state budget purposes, the Agency is cate- 
gorized with the Governor's Office. However, a 
thirteen member board of directors, with exper- 
tise in various aspects of housing, sets policy for 
the organization and hires the Executive Direc- 
tor. Fight members of the board are appointed 
by the Cjeneral Assembly, four upon the recom- 
mendation of the Speaker of the I louse of Rep- 
resentatives and four upon the recommendation 
of the President of the Senate. The Governor 
also appoints four members to the Board of Di- 
rectors and the members of the Board elect a 
thirteenth member. 

The Agency operates several housing programs 
that are in one of three program areas: single 
family homeownership: multifamily rental hous- 
ing; and housing rehabilitation. In 1988, the 
Agency was also given responsibility for admin- 
istration of the North CaroUna Housing Trust 
Fund. 

To Obtain Additional Information About the 
Agcncv or to Make Submissions or Requests 

For information about the Agency and its pro- 
grams, contact the North Carolina Housing Fi- 
nance Agency, 3300 Drake Circle, (Suite 200), 



Post Office Box 28066, Raleigh, North Carolina 
27611. Telephone: (919)781-6115. For general 
information about the Agency, interested parties 
should contact the Manager of Communications. 
For program information, or to make sub- 
missions related to specific programs, the director 
of the applicable program area (single family, 
multifamily or housing rehabilitation) should be 
contacted. 

STATE OF NORTH CAROLEVA OFFICE 
OF AD.MEMSTRATFVE HEARINGS 

The Office of Administrative Hearings (OAH) 
is an independent, quasi -judicial agency. The 
purpose of this agency is to establish and carry 
out a uniform system of administrative 
rulemaking and adjudicatory procedures for state 
agencies. The mission of this agency is carried 
out through three divisions within the Office with 
the Chief Administrative Law Judge/Director as 
the Agency Head. 

The three divisions are as follows: 

(1) Hearings - This division is responsible for 
hearings on various grievable issues cov- 
ered under the Administrative Procedure 
Act. 

(2) Rules - This division is responsible for the 
compilation, production and publication 
of the North Carolina Register and the 
North Carolina A dmtnislrative Code. 

(3) Civil Rights - This division is responsible 
for investigating and resolving discrimi- 
nation cases for state personnel deferred 
by the Equal Employment Opportunities 
Commission. 

The public may obtain information about and 
make submissions or requests to the Office of 
Administrative Hearings in person at 424 North 
Blount Street, Raleigh, North Carolina, by mail 
at Post Office Drawer 27447, Raleigh, North 
Carolina 27611-7447 and by telephone as fol- 
lows: 

Hearines Division 

(919)^733-2698 

Rules Division 

(919) 733-2678 

Civil Rights Division 

(919) 733-0431 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



574 



STA TEMEiXTS OF ORGANIZA HON 



The folloumg agencies did not submit a Statement of Organization: Council of State: Revenue; State 
Treasurer: Transportation: State Personnel: Board of Barber Exammers: Board of Hearing /Vid Dealers 
and I'itters: Mantal & Family Therapy Certification Board: Board of Osteopathic Examination and 
Registration: Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors; Board of 
Practicing Counselors; Board of Refrigeration Examiners and Board of Sanitarian Examiners. 



5~5 6:10 yORTH CAR()LIi\A REGISTER August 15, 1991 



PROPOSED RULES 



TITLE 2 - DEPARTMENT OF 
AGRICLLTLRE 



No 



otice is hereby gh-en in accordance with G.S. 
J 508- 12 that the N. C. Board of Agriculture in- 
tends to adopt and amend rule(s) cited as 2 
NCAC 9B .00/6; 9C .0701 - .0704; 9M .0001; 
208 .04/3; 43D .000/ - .0003 and .0006; 43H 
.0004; 4SA ./222. .170/ - ./708; 488 .0/22, .0/25 
- .0/32, .020/ - .02//. 

Editor's Note; Rules 2 NCAC 4SB .000/ - .0024 
will be renumbered to 4S8 .0/0/ - .0/24. Re- 
numbering of current rules due to the adoption of 
Section .0200 under Subchapter 4SB. 

1 he proposed effective date of this action is De- 
cember /, /99/. 

1 he public hearing will be conducted at /0:00 
a.m. on September IS, /99/ at the Gov. James B. 
Hunt, Jr. Horse Complex { Restaurant), 460/ 
Trinity Rd., Raleigh, A'C 27607. 



Co 



omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to David S. McLeod, Secretary 
of the North Carolina Board of Agriculture, P. 
O. Box 27647, Raleigh, NC 276//. " 

CHAPTER 9 - FOOD AND DRUG PROTECTION 
DIVISION 

SLBCIIAPTFK 9» - HI I.ES AM) SIANDAKDS 
ADOPI ED BY REFERENCE 

.0016 ADOPTIONS BY REFERENCE 

(f) The Board adopts by reference in accord- 
ance with G.S. 150B- 14(c) the following parts 
and subparts of the Code of Federal Regulations, 
Title 21, Subchapter B (Food for Human Con- 
sumption), as promulgated by the Commissioner 
of the Food and Drug Administration under the 
authority of the Federal F'ood, Drug and Cos- 
metic Act: 

Part Subject of Part 

(15) 129 Processing and Bottlmg of Bottled 
Drinking Water (Fxcept as 
amended by 2 NCAC QC .0700 - 
Bottled Water) 



Statutory Authorily G.S. /06-/39; 106-267; 
/06-267.2. 

SI BCHAPTER 9C - CURRENT GOOD 
MANLFACTl RING PRACTICES FOR 



SPECIFIC FOOD INDLSTRIES 
SECTION .0700 - BOTTLED WATER 

.0701 SCOPE 

(a) The source approval requirements of this 
Section apply to bottled water sources located 
within the state. Bottled water from sources lo- 
cated outside the state must comply with the 
source approval requirements of Title 21, Code 
of Federal Regulations, ['art 129, which is 
adopted by reference in 2 NCAC 9B 
.0016(d)(15). 

(b) The labeling requirements of this Section 
apply to bottled water offered for sale in the state. 

Statutory Authority G.S. 1 06-/ 39. 

.0702 DEFINITIONS 

For the purposes of this Section: 

(1) "Approved source" when used in reference 
to a plant's product or operations water, 
means a source of water and the water 
therefrom, whether it be from a spring, wcU, 
municipal water supply, or any other source 
that has been approved by the Department 
of Agriculture's designated representative, 
the Department of Environment, Health, 
and Natural Resources, Environmental 
Health Di\ision, Public Water Supply Sec- 
tion in accordance with this Section: 

(2) "Spring" means a natural orifice in the 
earth's surface through which water freely 
flows without the aid of mechanical means; 

(3) "Well" means a hole that is cored, bored, 
drilled, jetted, dug or otherwise constructed 
so as to tap an aquifer through which water 
is derived by mechanical means. If the water 
rises to the surface on its own without aid 
of mechanical means due to hydrostatic 
pressure, the weU would be an artesian well. 

Statutory Authority G.S. /06-/39. 

.0703 SOI RCE AI'PROVAl. 

(a) If the proposed source is from an existing 
approved public water supply system, proceed to 
Paragraph (e) of this Rule. 

(b) If the proposed source is a well, the pro- 
visions of 15A NCAC 18C, Rules Governing 
Public Water Supplies, shall apply. Copies are 
available upon request from the Public Water 
Supply Section. 

(c) If the proposed source is a spring, approval 
requires a two step process. The first step is ap- 
proval of the spring site. A representative of the 
Department of Fn\ironmcnt, Health, and Na- 
tural Resources shall conduct an initial site in- 
vestigation. Consideration shall be given to 



6:10 NORTH CAROLINA REGISTER Au-iist 15, 1991 



576 



PROPOSED RULES 



spring location, potential for surface water influ- 
ence, hydrological and geological features, prox- 
imity of potential sources of pollution, site 
ownership and control and other factors which 
he determines to have a bearing on the suitability 
of the site to produce a safe water source: 

(1) If the investigation re\eals influence by 
surface water or other factors which ren- 
der the site unsuitable for development as 
a safe water source, the investigation shaU 
be tenninated; 

(2) If the investigation docs not reveal influ- 
ence by surface waters, and all other fac- 
tors are considered satisfactory for site 
development, proceed to Paragraph (d) of 
this Rule; 

(3) If the in\estigation reveals factors which 
warrant further investigation, the Depart- 
ment of I:n\ironment, Health, and Na- 
tural Resources may require, as a 
condition for continued investigation, 
evaluation of the site or specific factors 
influencing the site by a geologist and or 
engineer licensed to practice in North 
Carohna. If the Department of Environ- 
ment, Health, and Natural Resources de- 
termines that the investigation and report 
illustrate that the questionable factors do 
not hinder the suitability of the site to 
produce a safe water source, proceed to 
Paragraph (d) of this Rule. 

(d) 1 he second step of the spring investigation 
requires water sampling and data coUection to 
determine the capability of source water to meet 
current North Carolina drinking water quality 
standards under the most severe anticipated en- 
vironmental conditions. The foUowing require- 
ments appl\- to the water sampling and data 
coUection process: 

(1) SampUng and data collection shall be 
conducted by the spring owner or his 
representative for the foUowing parame- 
ters; 

(A) Flow in gallons per minute (on-site 
measurement); 

(B) Precipitation in inches (on-site meas- 
urement): 

(C) Temperature (on-site measurement); 

(D) pH; 

(E) Conducti\ity; 

(F) Turbidity; 

(G) Coliform bacteria; 

(H) Microscopic analysis for organic debris, 
hu^'ae, animal or insect parts, algae, 
diatoms, rotifers, coccidia and giiirdia 
cysts; 

(2) The minimum sampling and data col- 
lection period shall be si.x consecuti\'e 



months. The period shaU also include a 
minimum of two storm events (two or 
more inches of rainfall in a 24-hour pe- 
riod). It is the owner's responsibihty to 
monitor rainfall in the vicinity of the 
spring site; 

(3) Parameters listed as ( I)(A) tlirough ( 1)(F) 
of this Paragraph shaU be monitored at 
least weekly on the same day of the week 
before a storm event occurs. After a 
storm event occurs, parameters (1)(A) 
tlirough (1)(F) of this Paragraph shall be 
monitored within 24 hours and then t\\ ice 
a week for two weeks. Parameter (r)(G) 
of this Paragraph shaU be monitored at 
least monthly plus one sample within 24 
hours after each storm c\ent. Parameter 
(1)(H) of tins Paragraph shall be meas- 
ured at least two times during the sampl- 
ing period. The flrst analysis should be 
conducted early in the sampUng period. 
At least one of the samples shaU be col- 
lected within 24 hours of a storm event; 

(4) The extent to which the spring is de\'el- 
oped before beginning the monitoring 
process is at the discretion of the owner. 
This may ha\e a bearing on the analysis 
results, and some spring site impro\ement 
may be ad\isable. Unfavorable sample 
results wUl not be discounted on the basis 
of inadequate spring development at the 
time of sample coUection. The owner 
may wish to obtain the ad\ice of an engi- 
neer or other consultant. If the owner 
intends to de\elop the spring in its final 
form before monitoring, he shall complete 
the requirements of Paragraph (e) of this 
Rule prior to construction; 

(5) These measurements and analyses shaU 
be conducted in accordance with the rec- 
ommendations of the current edition of 
"Standards Methods for the Exarrunation 
of Water and Wastewater" and at a labo- 
ratory certified by the State of North 
Carolina for parameters (1)(D) through 
(1)(H) of this Paragraph. AU measure- 
ments and sample results (with attached 
laboratory analysis reports) shaU be kept 
in a neat tabular form and submitted to 
the Department of I;n\ironinent. Health, 
and Natural Resources at the end of the 
monitoring period. The spring owner 
may consult with the Department of En- 
\-ironment. Health, and Natural Re- 
sources at any point during the 
monitoring period. I pon re\iew of the 
data and sample results, the Department 
of En\ironment, Health, and Natural Re- 



577 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



sources shall determine the capability of 
the source to meet current North Carolina 
drinking water quality standards. If the 
water source is determined to be unsatis- 
factop,', the in\estigation shall be termi- 
nated. If the source is determined to be 
satisfactory, proceed to Paragraph (e) of 
this Rule. 

(e) Plans and specifications for construction of 
the source, protective covering, piping, and stor- 
age facilities shall be submitted to the Depart- 
ment of Environment, Health, and Natural 
Resources by an engineer licensed to practice in 
the State of North Carolina for review and ap- 
proval prior to beginning construction or letting 
a contract. For spring sources, the plans and 
specifications may be presented by the licensed 
engineer at any point during the process outlined 
in Paragraph (d) of this Rule. Springs shall not 
be constructed to the fmal intended form until 
plans and specifications for the spring have been 
approved. 

(f) The bottling of water or the selling of water 
for bottling shall not begin until compliance with 
this Section has been completed and the Depart- 
ment of Environment, Health, and Natural Re- 
sources receives certification from an engineer 
licensed to practice in North CaroUna that the 
project has been constructed in accordance with 
the appro\ed plans and specifications. 

Statutory Authority G.S. 106-139. 

.0704 L.VBELING 

Bottled water which uses the word "spring" or 
"weU" in its labeling to describe the product, 
other than in a trade name or company name, 
shall be deemed to be misbranded unless the 
source of such water conforms to the defmitions 
of those terms in Rule .0702 of this Section. 

Statutoiy Authoiitv G.S. 106-139. 



repackagers and a fee of three hundred fifty dol- 
lars ($350.00) for wholesalers shall be submitted 
with each prL"jcription drug registration or re- 
newal form. 

(c) On or before December 31 of each year, 
every person registered in accordance with Para- 
graph (a) of this Rule shall submit a renewal 
form furnished bv the division. 

(4f A fee t4' efte hundr e d doUaro (SlOQ.OO) shall 
be C ' ubmittL ' d with each rL ' n<jwal form. 

fei (d) Prescription Drug Registration Forms 
may be obtained from the Food and Drug Pro- 
tection Division. 

Statutory Authority G.S. 106-140.1. 

CHAPTER 20 - THE NOR IH CAROLINA STATE 
FAIR 

SLBCH AFTER 20B - REGULATIONS OF THE 
STATE FAIR 



SECTION .0400 



OPERATION OF STATE FAIR 
FACILITIES 



.0413 ALCOHOLIC BEVERAGES 

(a) A person shall not sell, offer for sale, or 
possess for the purpose of sale, any alcoholic 
beverage on State Fair property, except as per- 
mitted under Paragraph fe^ »f this Rule. 

(b) A person shall not possess or consume any 
alcoholic beverage at ticketed, commercial events 
that are open to the public on State Fair property 
except as permitted under Parauaph (*H »f this 
Rule. 

(c) Except during the annua] State Fair, beer 
and wine may be sold and consumed at the horse 
facility, subject to state alcoholic beverage con- 
trol laws and regulations. 

(d) Except during the annual State Fair, beer 
ma\' be sold and consumed at Dorton Arena in 
connection with professional sporting events, 
subject to state alcoholic beverage control laws 
and regulations. 



SUBCHAPTER 9M - DRUGS 

.0001 MANUFACTL RER REGISTRATION 

(a) Every person doing business in North 
Carolina and operating as a prescription drug 
manufacturer, repackager or wholesaler shall 
submit a completed prescription drug registration 
form to the department. A separate registration 
form shall be submitted for each establishment 
operating in the State of North Carolina. Each 
registration form shall be signed by the owner or 
indi\idual in charge. 

(b) A r e gi ^. tration fee of e«e five hundred dol- 
lars (S 100.00) ($500.00) for manufacturers or 



Statutory Authority G.S. 106-503. 

CHAPTER 43 - MARKETS 
SI BCHAPTER 43D - STANDARDS AND FEES 

.0001 GRAIN 

fa) The Markets Disi ^. ion Pursuant to G. S. 
150B- 14(c). the Board of Amcullure hereby 
adopts by reference: the I nitod Stati. * ;) Gram 
Standardo Aet- codifiod t» ^ t-rSr Cod e 1621 etr 
setfr e xct ' pt parts l^a) aH4 7ti(b). 

(4^ 44w Marketo Dii i i ' -iion hcrob; ; atlopta by 
roforonoo: 



6:10 iWRTH CAROLINA REGISTER August 15, 1 991 



578 



PROPOSED RULES 



( 1 1 '1 he Inited States Grain Standards Act 
codified in 2 L^ ^ Code 1621 ct. seq. except 
parts ~^(ai and 79(bi: 

[2] <-4-^ ^ C.l-.R. SOU. 115 through 7 C.F.R 
S00.119 (ori2inal inspections); 

(3) f^ 7 C.F.R. 800.125 through 7 C.F.R. 
SCO. 131 (reinspection): 

(4) (^ 7 C.F.R. 800.135 through 7 C.F.R. 
800.140 (appeals): 

(5) (4) 7 C.F.R. 800.145 throuah 7 C.F.R. 
800.155 (records): 

£6) f4^ 7 C.F.R. 800.70 throuah 7 C.F.R. 800.73 
(fees): 

(7) ^ Federal Grain Inspection Ser\'ice Docu- 
ment 12-36-A-4001, published by the 
United States Department of Aariculture: 

(S) f?) 7 C.F.R. 800.170 throueh 7 C.F.R. 
800.180 (licenses): 

(Q) f^ 7 C.F.R. 800.185 through "" C.F.R. 
800.189 (duties of licensed personnel): 

(10) f% 7 C.F.R. 800.195 through 7 C.F.R. 
800.208 (contracts). 

Statuton Authoritv G.S. J06-/SS: 106-190: 
106-195. 



.0002 FRF.su FRL ITS AND \ ECET.VBI KS 

44h» MurkL ' t; . Disiiuon Pursuant to G 
Board 



15riB-14tct. the 



of .Aimculture 



_ L 
hereby 



adopts by reference 7 C.F.R. 51. 



Statuton' Authoritv 
106-195. 



G.S. 106-lSS: 106-190: 



.0003 POl LIRV .\ND EGGS 

(-a4 44*e Markotr . Dii i ioion Pursuant to G. S. 
1500-14(0. the Board of .-Vmculture hereby 
adopts by reference: i C.F.R. I'artu ^ ^4»t ^ 

9^ 44*e .MarlcL't ' j Di' . ioion horoby adopt '. ^ 
reforenco Ai* foUo' i Ving publicationc i '. i . UL ' d W t4-K^ 
I niteJ Stiitt ' o DL ' partmL'nt t# Agriculturo: 
(ll "^ (MR Part? 55. 56. 59 and "(I. relating 

to eggs and poultr\' products: 
(2) I'he following publications issued bv the 
United States Department of .-\gnculture: 

(a) f+^ "General Inde.x", 

(b) f3-f "Egg Grader's Inde.x". 

(c) (44 ■•Poultp.- Grader s Index". 



StalulofT .Authoritv 
106-195. 



G.S. 106-lSS; 106-190: 



.0006 MEATS AND ME.\T PRODI CTS 

Pursuant to G. S. 150B- 14(c), the Board of 
Agriculture hereby adopts by reference " C.F.R. 
Part 54 - Meats, Prepared Meats and Meat Pro- 
ducts. 



Statutory .Authoritv 
106-195. 



G. S. 106-lSS: 106-190; 



SI BCHAPTER 43H - MARKETING OF SMELL 
EGGS 

.0004 S.\NITAT10N AND \L\TERL\LS 

(b) Fggs shall be deemed to be held in a proper 
environment, as specified in G.S. 106-245.22, 
when cooltjJ te- 60 dL'grooL . ¥^ &f le^ immediately 
after gath e nng e« t4*e farm aft4 »eg tomporaturo 
ef ^ dL ' greLT . i^ ef It^w? t*t mamtamed until placod 
iftto r e tail di ' jplavL i asuilable t& tht» conoumor. 
gathered promptly, and placed in a refrigerated 
coohng room uith an ambient temperature of 60 
degrees F. or lower, until graded and packed. 
After grading and packing, eggs shall be held or 
transported at a refrigerated ambient temperature 
of 43 degrees F_ 21 less without freezing, until 
sold to the consumer or used m food preparation. 

Statutory Authority G.S. 106-245.16: 106-245.21; 
106-245.22. 

CH.\PTER 48 - PL.\NT INDUSTRY 

SLBCHAPTER 48A - PL.VNT PROTECTION 

SECTION .1200 - NLRSERV CERTIFIC.\TION 

.1222 EXPORT CERTIFICATION INSPECTION 
FEE 

Persons requesting inspection of plants or plant 
products for purposes of obtaining federal export 
certification shall be charged the same fee charged 
by the United States Department of Agriculture. 

Statutory Authority G.S. 106-420. 

SECTION .1700 - STATE NOXIOLS W FEDS 

.1701 DEFINITIONS 

The followmg definitions shall apply to this 
Section: 

(1) Administrator. The Plant Pest Adminis- 
trator of the North Carolina Department of 
Agriculture, Plant Industrs' Di\ision: 

(2) Board. The North Carolina Board of 
.Agriculture: 

(3) Certificate. .A. document issued by a spe- 
cialist to allow the movement of noncon- 
taminated regulated articles to an>' 
destination; 

(4) Class A. .Any noxious weed on the Fed- 
eral Noxious Weed Fist or any no.xious 
weed that is not nati\'e to the State, not 
currently known to occur in the State, and 
poses a serious threat to the State; 



5" 9 



6:10 .\ORTH CAROLL\'A REGISTER .August 15, 1991 



PROPOSED RULES 



(5) Class B. Any noxious weed that is not 
native to the State, is of limited distribution 
statewide, and poses a serious threat to the 
State; 

(6) Class C. Any other designated noxious 
weed; 

(7) Commissioner. The Commissioner of the 
North Carolina Department of Agriculture 
or his authorized representative; 

(8) Compliance Agreement. A written agree- 
ment between a person engaged in growing, 
handling, or moving regulated articles, and 
the North Carolina Department of Agricul- 
ture, Plant Industry Division, wherein the 
former agrees to comply with the require- 
ments of the compliance agreement; 

(9) Infestation. The presence of a noxious 
weed in any stage of development; 

(10) Noxious Weed. Any plant in any stage 
of development, including parasitic plants 
whose presence whether direct or mdirect, is 
detrimental to crops or other desirable 
plants, livestock, land, or other property, or 
is injurious to the public health; 

(1 1) Limited Permit. A document issued by a 
specialist to allow the movement of noncer- 
tified regulated articles to a specified desti- 
nation for special handling, utilization, or 
processing, or for treatment; 

(12) Regulated /Vrticle. ,'Vny noxious weed or 
any article described in these Rules which is 
capable of carrying a noxious weed; 

(13) Regulated Area. Any state or territory or 
any portion thereof of the United States 
which is infested with a noxious weed; 

(14) Scientific Permit. A document issued by 
the Administrator to authorize the mo\e- 
ment of regulated articles to a specified des- 
tination for scientific purposes; 

(15) Specialist. Any authorized employee of 
the North Carolina Department of Agricul- 
ture, Plant Industry Di\ision, or any other 
person authorized by the Commissioner of 
Agriculture to enforce the provisions of this 
Section. 

Statutory' Authority G.S. / 06-4 20. 

.1702 NOXIOLS WEEDS 

(a) Class A Noxious Weeds. The North 
Carolina Board of Agriculture hereby adopts b\ 
reference, pursuant to G. S. 1 SOB- 14(c), the fol- 
lowing list of Class A Noxious Weeds: all weeds 
listed in 7 C.F.R, § 360.200. 

(b) Class B Noxious Weeds. The North 
Carolina Board of Agriculture hereby establishes 
the following list of Class B Noxious Weeds: 



(1) Betony, Florida-- Stachys floridana 
Shuttlew.; 

(2) Fieldcress, YeUow--Rorippa sylvestris (L.) 
Bess.; 

(3) Puncturevine--Tribulus terrestris L.; 

(4) Thistle, Canada- Cirsium arvense (L.) 
Scop.; 

(5) Thistle, \lusk--Carduus nutans L.; 

(6) Thistle, Plumeless— Carduus acanthoides 
L. 

(c) Class C Noxious Weeds. The North 
Carolina Board of Agriculture hereby establishes 
the following list of Class C Noxious Weeds: 
none. 

(d) Temporary Designation of Noxious Weeds. 
In an emergency situation, the Commissioner 
may temporarily designate any weed as a no.xious 
weed if he has reasonable cause to believe that it 
may pose a serious threat to the State. The 
temporary designation may be imposed by serv- 
ing written notice to the appropriate regulatory 
agency(ies) or to the owner or the responsible 
party where the noxious weed has been found. 
1 he period of temporary designation shall con- 
tinue until such time as the Board meets to con- 
sider pennanent or continued temporary status, 
lemporary status shall not extend for more than 
12 months. 

Statutory: Authority G.S. 106-420. 

.1703 REGl LATED AREAS 

(a) The mo\ement of regulated articles into 
North Carolina from any state or territory of the 
United States or portion thereof known to be 
infested with a Class A or B no.xious weed is 
prohibited. 

(b) The movement of regulated articles within 
North Carolina from the following areas is pro- 
hibited: 

( 1) The entire State: Class A Noxious Weeds; 

(2) Brunswick, Cumberland, Fors>lh, Iloke, 
New Hanover, Onslow, Wake: Betony, 
Florida--Stachys floridana Shuttlew.; 

(3) Orange: I-ieldcress, Yellow-- Rorippa 
sylvestris (L.) Bess.; 

(4) Durham, New Hanover: Puncturevine-- 
Iribulus terrestris L.; 

(5) Ashe, Avery, Hayvvood, Mitchell, 
Northampton, Yancey: Thistle, Canada- 
-Cirsium anense (L.) Scop.; 

(6) Chatham, Henderson: Thistle, Musk— 
Carduus nutans L.; 

(7) Jackson, Haywood, Madison, Watauga: 
Thistle, Plumeless- -Carduus acanthoides 
L. 

(c) Temporary designation of regulated areas. 
In an emergency situation, the Commissioner 



6:10 NORTH CAROLIN.A REGISTER .August 15, 1991 



5S0 



PROPOSED RULES 



may temporarily designate as a regulated area any 
state or any portion of any state if he has rea- 
sonable cause to belie\'e that a noxious weed ex- 
ists and there is immediate need to prevent its 
introduction, spread or dissemination in North 
Carolina. The designation of regulated area shall 
be imposed by serving written notice to the ap- 
propriate regulator.' agency(ies) or to the owner 
or the responsible party in possession of such 
premises or alter intent has been published in a 
newspaper having general circulation in the 
count\(ie5) where the regulated area is to be im- 
posed. The period for such temporary desig- 
nation shall continue untU such time as the 
Board meets to consider permanent or continued 
temporary status. Temporar.' status shall not 
extend for more than 12 months. 

Statuton,' Authority G.S. 106-420. 

.1704 REGLL.VTED .\RTICLES 

The following articles are regulated under the 
provisions of this Section: 

( 1 ) .Vn\' no.xious weed in an>' stage of develop- 
ment: 

(2) Soil, compost, peat, humus, muck, and de- 
composed manure, sand, and gravel, sepa- 
rately or mixed with other articles, except 
potting soil that has been commercially pre- 
pared and free of noxious weed seed, pack- 
aged and shipped in original containers: 

(3) Nursen' stock (houseplants grown in a 
home and not for sale are excluded); 

(4) Grass sod: 

(5) Used mechanized soLl-mo\ing equipment, 
cultivating equipment and harvestmg ma- 
chinep.", except when decontaminated, 
cleaned free of soO: 

(6) Ha\'. straw, and other material of a similar 
nature; 

(7) Any other product, article, or means of 
conveyance of any nature whatsoever not 
covered in this Rule when it is determined 
by the Administrator to present a hazard of 
spread of noxious weeds and the person in 
possession has been so notified. 

Statutory Authority G.S. 106-420. 



Statutory Authority G.S. 106-420. 

.1706 ISSUANCE OF CER TIFIC.\TES .AND 
LEMITED PERMITS 

(a) Certificates may be issued by a specialist for 
the movement of regulated articles under the fol- 
lowmg conditions: 

( 1 j In the judgment of the specialist, they have 
not been exposed to infestations; 

(2) They have been examined and found to 
be free of noxious weeds; 

(3j They ha\e been treated under the direction 
of the specialist with appro\'ed control 
measures known to be effective under the 
conditions applied; 

(4) They have been gown, produced, stored, 
or handled in such manner that, in the 
judgment of the specialist, designated 
noxious weeds would not be transmitted 
by movement of the article. 

(b) Limited permits may be issued by a spe- 
cialist for the movement of noncertified regulated 
articles to specified destinations for limited han- 
dling, utilization, processing or treatment when 
the specialist determines no hazard of spread of 
noxious weeds exists. 

(c) Scientific permits may be issued by the 
.Administrator to allow the movement of no.xious 
weeds in any living stage and any regulated arti- 
cles for scientific purposes under such conditions 
as may be prescribed in each specific case by the 
Plant Pest Administrator. Scientific permits will 
be issued pursuant to 2 NCAC 48A .1300. 

(dj As a condition of issuance of certiticates or 
limited permits for the movement of regulated 
articles, any person engaged in purchasing, as- 
sembling, exchanging, handling, processing, uti- 
lizing, treating, or moving such articles may be 
required to sign a compliance agreement stipu- 
lating that he wLU mamtain such safeguards 
against the establishment and spread of 
infestation and comply with such conditions as 
to the maintenance of identity, handling and 
subsequent movement of such articles, and the 
cleaning and treatment of means of con\eyance 
and containers used in the transportation of such 
articles, as may be required by the specialist. 



.1705 CONDITIONS GO\ERNINC. THE MO\E- 
MENT OF REGLL.ATED ARTICLES 

(a) .A certificate or permit must accompany the 
mo\ement of regulated articles from regulated 
areas into North Carolina. 

(b) A certificate or permit must accompany the 
mo\'emcnt of regulated articles from a regulated 
area in North Carolina to a non-regulated area 
in North Carolina. 



Statutory Authority G.S. J 06-420. 

.1707 CANCEEEATION OF CERTIFICATES 
AND LIMITED PERMITS 

,-Vny certificate, limited permit, scientific permit, 
or compliance agreement which has been issued 
or authorized may be canceled by the specialist 
if he determines that the holder has not complied 
with conditions for its use. 



5,9/ 



6:10 .\ORTH CAROLLSA REGISTER .Au-ust 15, 1991 



PROPOSED RULES 



Statutory Authority G.S. 106-420. 

.1708 INSF'ECTION AND DISPOSAL 

Any specialist is authorized to stop and inspect, 
any person or means of conveyance moving 
within or from the State of North Carolina upon 
probable cause to believe that such means of 
conveyance or articles arc infested with a noxious 
weed; and, such specialist is authorized to seize, 
treat, destroy, or otherwise dispose of articles 
found to be moving in violation of these Rules. 

Statutory^ Authority G.S. 106-420. 

SUBCHAPTER 48B - FERTILIZER 

SECTION .0100 - FERTILIZER STANDARDS 

.0122 ORGANIC FERTILIZERS 

(c) If an amount of nitrogen is designated as 
organic, then the water insoluble nitrogen and or 
the slow release nitrogen guarantee must not be 
less than 6(1 percent of the nitrogen as designated. 
Coated urea must not be mcluded to meet the 
60 percent requirement. 

Statutory Authority G.S. 1 06-660 (a). 

.0125 NATURAL ORG.VMC FERTILIZERS 

To label or claim a product as natural organic 
fertilizer, materials must be derived from either 
plant or animal products containing one or more 
elements (other than carbon hydrogen and oxy- 
gen) which are essential for plant growth. These 
materials may be subjected to biological degra- 
dation processes under normal conditions of ag- 
ing, rainfall, sun-curing, air dning, composting, 
rotting, enzymatic, or anaerobic/aerobic bacterial 
action, or any combination of these. These ma- 
terials shall not be mixed with synthetic materials 
or changed in any physical or chemical manner 
from their initial state except by manipulations 
such as dr\lng, cooking, chopping, grinding, 
shredding, ashing, hydrolysis or pelleting. 

Statutory: Authority G.S. l06-660(a). 

.0126 NATURAL INORGANIC FERTILIZERS 

To claim or label a product as natural inorganic 
fertilizer, it must be a mineral nutrient source that 
exists in or is produced by nature and may be 
altered from its original state only by physical 
manipulation. 

Statutory Authority G.S. l06-660(a). 
.0127 N.VrURAL FERTILIZERS 



To label or claim a product to be natural 
fertihzer, it must be a substance composed only 
of natural organic and/or natural inorganic 
fertilizer materials and natural filler. 

Statutory Authority G.S. l06-660(a). 

.0128 NATURAL BASED FERTILIZERS 

To label or claim a product to be natural based, 
it must contain at least 50 percent by weight of 
natural materials and contain at least 50 percent 
of all primar>' nutrients derived from natural 
materials. 

Statutory Authority G.S. l06-660(a). 

.0129 ORGANIC BASED FERTILIZERS 

To label or claim a product to be organic based, 
it must contain at least 50 percent by weight of 
organic materials and contain at least 50 percent 
of aU primary nutrients derived from organic 
materials. 

Statutory Authority G.S. l06-660(a). 

.0130 USE OF -PERCENTAGE" 

The term "percentage" by symbol or word, 
when used on a fertilizer label shall represent 
only the amount of individual plant nutrients in 
relation to the total product by weight. 

Statutory Authority G.S. l06-660(a). 

.0131 MANIPUI.AIED MANURES 

(a) Manipulated manures may contain what- 
ever organic bedding or other materials needed 
to follow good daip,' bam, feedlot, poultrs' house, 
etc., practice in order to maintain proper sanitar)' 
conditions, to conser\'e plant food elements in 
the excreta, and to absorb the liquid portion 
without the addition of other material. 

(b) If other ingredients are added, they shall be 
specified on the principal label of the container. 
If the added ingredient exceeds the amount of 
manure, it shall be the first ingredient listed on 
the principal label and the words "manure," 
"cow manure," "sheep manure," etc., shall be 
m type smaller than that used for such added in- 
gredient. When the packaging of a product fea- 
tures the picture or name of an animal, manure 
of that species of animal shall comprise more 
than 50 percent of the material in the container. 
Manures containing more than 30 percent acid 
insoluble ash (sand) shall be labeled "sheep 
manure and sand," or "dried sheep manure, sand 
and other inert matenals," etc. Manures con- 
taining more than 50 percent acid insoluble ash 
shall be labeled "sand and sheep manure," or 



6:10 NORTH CAROLINA REGISTER Aui;ust 75. 1991 



5iS2 



PROPOSED RULES 



"sand, other inert matter, and sheep manure," 
etc. 

Stalutoiy Auihorily G.S. l06-660(a). 

.0132 MAGNESIUM/MANGANESE 
(;i ARANTK.ES 

Each application for registration of any fertilizer 
for which magnesium or manganese is guaran- 
teed shall include a guaranteed analysis in the 
following form: 

( 1 ) total magnesium X Percent 
water soluble 

magnesium X Percent; or 

(2) total manganese X Percent 
water soluble 

manganese X Percent. 

Stdtutoij Auihorily G.S. l06-660(a). 

SECTION .0200 - PRIMARY AND SECONDARY 
CONTAINMENT OF FERTILIZERS 

.0201 DEFINITIONS 

For the purposes of these Rules the foUouing 
defuiitions shall apply: 

(1) "Approved" means approval by the Com- 
missioner or his agent except where other- 
wise stated; 

(2) "Appurtenance" means any device used in 
connection with a storage container, sec- 
ondan' containment area, structure or de- 
vice, primary contaimnent structure or 
device, or storage for dr\' fertUizer, including 
safety devices, liquid level gauging devices, 
valves, pipes, hoses, fittings, and measuring 
or dispensing devices; 

(3) "Aqua ammonia" means an aqueous sol- 
ution of anhydrous ammonia generally con- 
taining from 13 to 30 percent of ammonia 
(NH3 ) by weight and having a vapor pres- 
sure usually var>-ing from to 10 psig at 104 
degrees F.; 

(4) "Commissioner" means the North 
Carolina Commissioner of Agriculture or his 
designated agent; 

(5) "Discharge" means a release outside the 
containment area of fertilizer in a quantity 
exceeding 55 U. S. gallons ;md or of dr)" 
bulk fertilizer in a quantity exceeding 500 
pounds; 

(6) "Dr>' bulk fertilizer" means non-tluid 
fertilizer in an undi\ided quantity exceeding 
500 pounds; 

(7) "Elephant ring" means a storage container 
with open top serving as a secondary con- 
tainment vessel into which a smaller priman,' 
storage container(s) is placed; 



(8) "End user storage facility" means a storage 
facility owned and or operated by an indi- 
vidual for personal use. If 200 tons of fluid 
or 200 or more tons dry fertilizer are used 
at this type facihty in a 12 month period, the 
facility must comply with the requirements 
of these Regulations. If less than 200 tons 
fluid or 200 tons dr\' fertilizer are used in a 
12 month period, loading pads will not be 
required, but all other requirements apply; 

(9) "Fertilizer" means any substance contain- 
ing either nitrogen, phosphorous, potassium 
or any other recognized plant food element 
or compound which is used primarily for its 
plant food content and includes products 
resulting from the combination or mixture 
of two or more substances for use in, or 
claimed to have value in promoting plant 
growth; 

(10) "F'ield operations" means the application 
of fertilizer to soil or plants in the course of 
normal agricultural or horticultural practice; 

(11) "Fluid bulk fertilizer" means fluid fertflizer 
in an undivided quantity exceeding 55 U. S. 
gallons; 

(12| "Fluid fertilizer" means fertilizer in fluid 
form and includes solutions, emulsions, sus- 
pensions and slurries. "Fluid fertilizer" does 
not include anhydrous ammonia; 

(13) "Low pressure nitrogen solutions" means 
an aqueous solution of ammonium nitrate 
and'or urea and or other nitrogen carriers, 
containing various quantities of free ammo- 
nia exceeding 2 percent by weight. Aqua 
ammonia and non-pressure nitrogen sol- 
utions commonly referred to as 28 percent, 
30 percent, or 32 percent nitrogen solution 
are excluded from this definition; 

(14) "Operational area" means an area at a 
fertilizer storage facility where fertilizers are 
transferred, loaded, unloaded, mixed, or 
where fertilizers are cleaned or washed from 
application equipment, storage containers, 
or transportation equipment; 

(15) "Operational area containment" means 
any structure or system designed and con- 
structed to effectively intercept and contain 
operational spills including container or 
contaminated wash water ;md rainwater and 
to prevent runoft" or leaching from a storage 
facility; 

( 16) "Primar> contaimnent" means the storage 
of fluid or dry bulk fertilizer in storage con- 
tainers at a storage facility; 

(17) "Secondarv' containment" means any 
structure used to contain product spills from 
bulk storage containers and prevent runoff 
or leaching; 



5Hi 



6:10 ^ORTH CAROLINA REGISTER Auoust 15, 1991 



PROPOSED RULES 



(18) "Storage container" means: 

(a) A container used for the storage of fluid 
or dr\' bulk fertilizer; 

(b) A rail car, nurse tank, or other mobile 
container used for the storage of fluid or 
dr\' bulk fertilizer; 

(19) "Storage container" does not include: 

(aj a mobile container storing fluid bulk or 
dr\' fertihzer at a storage facility for less 
than 15 days, if this storage is incidental 
to the loading or unloading of a storage 
container at the storage facility; 

(b) a mobile container located other than on 
property owned, operated or controlled 
by the owner or operator of the mobile 
container; 

(c) a container used solely for emergency 
storage of leaking fertilizer containers that 
are 55 U. S. gallons or smaller; 

(20) "Storage facility" means a location at 
which fluid bulk fertilizer in undi\idcd 
quantities or dr\' bulk fertilizer m undi\ided 
quantities is held in storage. 

Statutory Authority G.S. 106-673. 

.0202 STORAGE CONTAINERS AND 
APPLRTENANCES 

(a) Basic requirements: 

( 1) Storage containers and appurtenances shall 
be constructed, installed and maintained 
so as to prevent the discharge of fluid 
fertihzer; 

(2) Storage containers and appurtenances shall 
be constructed of matenals which are re- 
sistant to corrosion, puncture, or cracking; 

(3) Materials used in the construction or re- 
pair of storage containers and 
appurtenances may not be of a type which 
react chemically or elcctroh'tically with 
stored fluid fertilizer in a way which may 
weaken the storage containers or 
appurtenances, or create a risk of dis- 
charge; 

(4) Metals used for valves, fittings, and repairs 
of metal containers shall be compatible 
with the met;ds used in the construction 
of the storage container, so that the com- 
bination of metals does not cause or in- 
crease corrosion which may weaken the 
storage container or its appurtenances, or 
create a risk of discharge; 

(5) Storage containers and appurtenances shall 
be designed to handle all operating 
stresses, taking into account static head, 
pressure buildup from pumps and 
compressors, and any other mechanical 
or hydraulic stresses to which the storage 



containers and appurtenances may be 
subject in the foreseeable course of oper- 
ations. 

(b) Prohibition against underground storage, 
exemptions: 

(1) No person shall store fluid fertilizer in an 
underground or lined pit storage con- 
tainer; 

(2) This prohibition does not apply to: 

(A) A watertight catch basin used for the 
temporary collection of runoff or rinsate 
from transfer, loading or secondary con- 
tainment areas that is expeditiously emp- 
tied following use; 

(B) Storage in a 316 or 317 stainless steel 
storage container, if the storage container 
is enclosed within an approved Uner and 
an approved program of groundwater 
monitoring to detect leakage is estab- 
lished. 

(c) Abandoned containers: 

(1) Storage containers and other containers 
used at a storage facflity to hold fluid bulk 
fertilizer or fertilizer rinsate are considered 
abandoned if they have been out of service 
for more than six months because of a 
weakness or leak, or have been out of 
service for any reason for more than two 
years and no integrity test has been per- 
formed; 

(2) /\bandoned underground containers, in- 
cluding abandoned underground catch 
basins, shall be thoroughly cleaned and 
removed from the ground or thoroughly 
cleaned and filled with an inert soUd. /Ml 
connections ;md vents shall be discon- 
nected and sealed. A record of the 
underground contaiaer or catch basin size, 
location, and method of closing shall be 
maintained at the storage facility or as 
otherwise provided for in these Rules; 

(3) Abandoned above-ground containers shall 
be thoroughly cleaner. /Ml hatches on the 
containers shall be secured, and all valves 
or connections shall be severed and/or 
sealed; 

(4) A secondar)' containment (structure) is not 
considered abandoned merely because 
there have been no discharges into the 
secondar\ containment facility. 

(d) Prohibited materials: 

(1) Storage containers and appurtenances may 
not be constructed of copper, brass, zinc, 
or copper base alloys; 

(2) Storage containers and appurtenances used 
for the storage of fluid fertilizers contain- 
ing phosphate ( > 0.1 % ) or chlorides 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



5iS4 



PROPOSED RULES 



may not be constructed of aluminum or 
aluminum alloys; 

(3) Storage containers and appurtenances used 
for the storage of low pH ( < 5 ) fluid 
fertilizers may not be constructed of 
ferrous materials other than stainless steel 
unless the materials are coated or treated 
with protective substances which are ade- 
quate to inhibit corrosion; 

(4) Storage containers and appurtenances used 
for the storage of low pressure nitrogen 
solutions may not be constructed of mild 
steel, fiberglass, polyoletins or plastics; 

(5) Storage containers and appurtenances used 
for the storage of phosphoric acid may not 
be constructed of ferrous materials other 
than 316, 317, or superior stainless steel 
unless the container is lined with a suit- 
able substance to prevent corrosion; 

(6) Storage containers and appurtenances used 
for the storage of fluid fertilizers contain- 
ing potassium chloride (muriate of 
potash) may not be constructed of ferrous 
materials other than stainless steel, unless; 

(A) the containers and appurtenances are 
coated or treated with protective sub- 
stances which are adequate to inhibit cor- 
rosion, or 

(B) the container and appurtenances are 
used tor storage periods of not more than 
six months, and is completely emptied 
between storage periods, and, the empty 
containers and appurtenances are cleaned 
and inspected for leaks prior to being re- 
filled for any subsequent period. 

(e) rVnchormg storage containers. Storage 
containers shall be anchored, as necessary, to 
prevent flotation or instabihts' which might occur 
as a result of liquid accumulations within a sec- 
ondary containment facihty constructed in ac- 
cordance with these Rules. 

(f) Security: 

(1) Storage containers and appurtenances shall 
be fenced or otherwise secured to pro\ide 
reasonable protection against vandalism 
or unauthorized access which may result 
in a discharge; 

(2) Valves on storage containers shall be 
locked or otherwise secured except when 
persons responsible for facility security are 
present at the facility. WTien multiple 
valves on a single Hne are used, the vahe 
nearest container shall be locked or se- 
cured; 

(3) Valves on rail cars, nurse tanks, and other 
mobile fertilizer containers parked o\er- 
night at a storage facility shall be locked 



or secured except when persons responsi- 
ble for facility security are present at the 
facility; 
(4) Valves on empty containers need not be 
secured, 
(g) Filling storage containers. Storage con- 
tainers may not be filled beyond the capacity for 
which they are designed, taking into account the 
density of the fluid being stored and thermal ex- 
pansion during storage. 

(h) Pipes and fittings. Pipes and fittings shall 
be adequately supported to prevent sagging and 
possible breakage because of gravity and other 
forces which may be encountered in the ordinary 
course of operations. 
(i) Liquid level gauging device: 

(1) livery storage container shall be equipped 
with a liquid level gauging device by 
which the level of fluid in the storage 
container can be readily and safely deter- 
mined; 

(2) A liquid level gauging device is not re- 
quired if the level of fluid in a storage 
container can be readily and reliably 
measured by other means; 

(3) Liquid level gauging devices shall be se- 
cured, in a safe manner, to protect against 
breakage or vandalism which may result 
in a discharge; 

(4j External sight gauges are prohibited unless 
they are equipped with a shut-off valve. 
Valves are to be cut off except when re- 
sponsible person is attending, 
(j) Labeling of storage containers. Every stor- 
age container shall be clearly labeled to identify 
its fertilizer contents, with the grade in a mini- 
mum of two inch numerals. /\11 materials shall 
be labeled according to applicable regulations for 
such material. 

Statutory Authority G.S. 106-673. 

.0203 I.O.VDOLT .AND I NLO.VDING P.\DS 

(a) Areas used for the loading of fluid bulk 
fertilizer into storage containers, or for unloading 
fluid bulk fertilizer from storage containers into 
mobile containers shall be curbed and paved with 
asphalt, concrete or other approved material. 
Bulk storage construction standards for primar\', 
secondary and operational area containment fa- 
cilities constructed after the date of adoption of 
this Rule must be of a type recommended by 
Tennessee Valley Authority, a Ucensed engineer 
or other sources approved b\' the Commissioner. 

(b) The curb and pa\ed area shall be sufli- 
ciently large to hold the entire mobile container 
during loading or unloading. The pad shall be 
designed, constructed and maintained to handle 



5iS5 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



aU loading conditions to which it is exposed. 
Cracks and seams shaU be kept sealed. 

Statutory Authority G.S. / 06-673. 

.0204 CATCH B.4SINS 

(a) The curbed and paved surface shall form 
or drain into a hquid-tight catch basin. If the 
curbed and paved surface drains to a sump, the 
catch basin may include the sump and an 
above-ground container, provided a pump is in- 
stalled for transfer of the contents of the sump 
into the above-ground container. 

(b) The curbed surface and catch basin shall 
be of adequate design and size to contain the 
tank or tanker to be loaded or unloaded and have 
a minimum holding capacity of at least 1,000 U. 
S. gallons. The catch basin should be equipped 
with a sump pump with capacity sufficient to 
remove any Liquids into a storage tank connected 
to the system. The pumping system shall be 
sufficient to pre\ent overflow of the catch basin. 

(c) Recovery discharge. A discharge incident 
to loading or unloading shall be promptly recov- 
ered from the paved surface and catch basin, such 
that the capacity required in Paragraph (b) of this 
Rule is available at all times. 

(d) Protection of containers and appurtenances, 
including pipes. They shall be protected against 
reasonably foreseeable risks of damage by trucks 
and moving vehicles engaged in the loading or 
unloading of fluid bulk fertilizer. 

(e) Exemption for mobile containers at end 
user appUcation sites. Rules .0203 and .0204 of 
this Section do not apply to mobile containers 
used to nurse field operations when at an appli- 
cation site. 

Statutoiy Authority G.S. 106-673. 

.0205 DIKED SECO\D.\RY CONT.AINMENT 
OF FLUID BULK FERTII IZFR 

(a) Dike. Primary storage of fluid bulk 
fertilizer shall be located within a diked area 
constructed with a base, perimeter wall and 
sloped floor drain, except as noted in 2 NCAC 
48B .0206(c). 

(b) Separation of secondars' containment areas. 
The diked area shall be separate from a secondary 
containment area for other products, such as 
agri-chemicals or other non fertilizer products 
and used only for containment of primary storage 
of fluid bulk fertilizer. Adjoining secondary 
containment areas may share common walls. 

(c) Capacity. The diked area for containment 
of storage facilities shall contain, below the height 
of the dike, 125 percent of the \olume of the 
largest storage container within the diked area 



plus the displaced volume of aU other storage 
containers, fixtures, and materials in the area. If 
the diked area is covered to prevent the accumu- 
lation of rainfall, a capacity equal to 100 percent 
of the volume of the largest container is the 
minimum required. 

(d) Existing drainage tile. Except where used 
as a method of monitoring a secondary' contain- 
ment system, drainage tile within or underlying 
the area to be diked shall be eliminated. 

Statutory Authority G.S. 106-673. 

.0206 DIKING REQUIREMENTS 

(a) Walls: 

(1) The walls of a secondary containment fa- 
cility shall be constructed of earth, steel, 
concrete, solid masonry, or other material 
specifically approved by the Commis- 
sioner, and be designed to withstand a full 
hydrostatic head of any discharged fluid 
and weight load of material; 

(2) Cracks and seams shall be sealed to pre- 
vent leakage; 

(3) Walls constructed of earth or other per- 
meable materials shall be lined as pro- 
vided under Paragraph (b) of this Rule; 

(4) Earthen walls shall have a horizontal-to- 
vertical slope of at least three to two, un- 
less a steeper slope is consistent with good 
engincenng practice, and shall be packed 
and protected for erosion; 

(5) The top of earthen walls shall be no less 
than 2.5 feet wide; 

(6) Walls may not exceed six feet in height 
above interior grade unless provisions are 
made for normal access and necessar\' 
emergency access to tanks, valves, and 
other equipment, and for safe exit from 
the sccondarv' containment facUity; 

(7) Walls constructed of concrete or solid 
masonry shall rest upon a floating base of 
concrete prepared as in Paragraph (b) of 
this Rule, or upon suitable concrete 
footings which extend below the average 
frost dept to provide structural integrity. 

(b) lining: 

(1) General requirement. The base of a sec- 
ondary containment facihty, and any in- 
terior earthen walls of the facility shall be 
lined with asphalt, concrete, and approved 
synthetic liner, or a clay soil liner designed 
to limit permeability. liners shah meet 
the requirements of this Paragraph; 

(2) Asphalt or concrete liners. Asphalt or 
concrete liners shall be designed according 
to good engineering practices to withstand 
any foreseeable loading conditions, m- 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



5S6 



PROPOSED RULES 



eluding a full h>droslatic head of discharge 
fluid and static loads of storage containers, 
including appurtenances, equipment, and 
contents. Cracks and seams shall be 
sealed to prevent leakage; 

(3) Synthetic liners: 

(A) Synthetic hncrs and installation plans 
shaU be approNcd by the Commissioner. 
A synthetic liner may not be approved by 
the Commissioner until the owner of the 
liner provides the Commissioner with a 
written confirmation of compatibility, and 
a written estimate of the life of the Lmcr; 

(B) Synthetic liners shall have a minimum 
thickness of 30 mils (0.8 millimeters): 

(C) Synthetic liners shall be installed under 
the super\ision of a qualified represen- 
tative of the manufacturer or professional 
engineer, and aU field constructed seams 
shaU be tested, and repaired if necessary, 
in accordance with the manufacturer's 
recommendations; 

(4) Soil Liners. The surface soil shall be sealed, 
including the benn of an earthen dike w ith 
a sealing agent such as a sodium 
bentonite, attapulgite or a similar clay 
material. The liner shall be constructed 
in accordance with reliable engineering 
practices, to achieve a coefficient or 
permeability not to exceed 1 x 10"'' cm sec, 
with a thickness of not less than six 
inches. 1 he floor of the containment area 
shall be protected with a layer of gravel 
or crushed stone at least four inches thick 
placed on top of the clay liner; 

(5) Exemptions: 

(A) A liner need not be installed directly 
under a storage container having a capac- 
ity of 100.000 U. S. gallons or more which 
has been constructed on site and put into 
use prior to the effective date of this Rule 
provided that one of the following alter- 
native procedures are complied with, cer- 
tified in writing by an official of the 
company which owns the container, and 
the certificate is filed with the Commis- 
sioner: 
(i) Alteniati\-e 1 shall be as follows: 

(I) A second bottom made of compat- 
ible material shall be constructed for 
the storage container. The second 
bottom shall be placed over the ori- 
ginal bottom and over a la\'er of 
smooth, fine gra\el or coarse s;md 
ha\ ing a minimum tluckness of three 
inches; 

(II) The original bottom of the storage 
container shall be tested for leaks be- 



fore the sand layer and second bot- 
tom are installed. A record of the 
test shall be kept on fiJe at the storage 
facility; 

(III) The newly constructed bottom 
shall be tested for leaks before any 
fiuid fertilizer is stored on the newly 
constructed bottom. A record of the 
test shall be kept on file at the storage 
facility or at the nearest local office 
from which the storage facility is ad- 
ministered; 

(IV) There shall be a system to readily 
detect leaks through the newly con- 
structed bottom into the sand layer; 

(V) The newly constructed bottom 
shall be tested at least once every five 
years for leaks. A record of the tests 
shaU be kept at the storage facility; 

(ii) Alternative 2 shall be as follows: 

(I) The container shall be emptied, 
cleaned, and tested for leaks. The 
walls and floor of the container shall 
be tested to assure that welds and 
thickness of steel plates are sound 
and adequate to contain the 
fertilizers. A record of the in- 
spection, test results, and of any re- 
pairs made shall be submitted to the 
Commissioner and maintained by the 
owner or operator; 

(II) The interior floor and wall areas 
of the container shall be coated with 
an appro%ed finer to inhibit corro- 
sion. A record of this procedure shall 
be submitted to the Commissioner 
and maintamcd by the owner or op- 
erator; 

(III) An approved test for leaks and 
liner detenoration or metal corrosion 
shall be conducted even,' five years 
thereafter. A record of the test 
findings of indicated repairs and 
maintenance shaU be maintained by 
the owner or operator; 

(iii) Alternative 3 shaU be as foUows: 

(I) Monitoring devices shall be in- 
staUed in angled borings under each 
tank. These monitoring de\ ices shaU 
constitute a leak detection system for 
each tank m advance of the point at 
which any leak would reach 
groundwater; 

(II) The number, length, and depth of 
each boring shaU be determined on 
the basis of site characteristics. The 
array of monitoring devices under 
each tank shall constitute the best 



587 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



practical early warning detection sys- 
tem for tank leakage; 
(III) l:ach monitoring plan under this 
altemati\'e shall be implemented only 
upon review and approval of the 
Commissioner; 
(B) The secondary containment require- 
ments under this Section do not apply to 
rail cars which are periodically moved 
from the storage facility; 
(6) New construction of containers of 100,000 
U. S. gallons or more: 

(A) This Regulation shall apply to all stor- 
age containers of 100,000 L. S. gallons or 
more which are constructed or placed in 
service after the effective date of this Reg- 
ulation; 

(B) Liquid fertilizer storage containers with 
a capacity of 100,000 U. S. gallons or 
more shall be: 

(i) Located within a diked and paved area 
designed to allow the containment and 
recovery of any discharged fertilizer 
material; and 

(ii) Placed on a surface which has been 
sealed with asphalt, concrete, 
attapulgite clay, sodium bentonite, or 
other material approved by the Com- 
missioner; 

(C) Ihe bottom surface of the storage 
container shall be ele\ated abo\e the sur- 
rounding surface of the containment area 
so that the lowest point of the storage 
container shall be at least six inches above 
the sealed surface to permit installation of 
a leak detection system; 

(D) The leak detection system shall consist 
of three or more perforated pipes or tile 
which shall: 

(i) Be placed on the sealed surface and 
below the storage container; 

(ii) Be placed parallel to each other on 
not more than ten foot centers; and 

(iii) Lxtend to the outer edge of both 
sides of the tank; 

(E) Any other detection system approved 
by the Commissioner; 

(F) Lach storage container shall be located 
within a secondary containment area 
which has been designed to permit both 
visual and sampling access to the leak de- 
tection system. 

(c) Use of elephant rings in lieu of a diked 
containment area: 

(1) Individual storage containers may be con- 
tained within a secondary storage con- 
tainer ("elephant ring") in lieu of a diked 
containment area. The "elephant ring" 



serves as a second containing wall in the 
event that the primary storage container 
develops a leak; 

(2) Both the primary storage container and 
the "elephant ring" shall be fabricated of 
material compatible with each other and 
with the fertilizer being stored. Dissimilar 
metals between the primary storage con- 
tainer and the "elephant ring" contribute 
to electrohlic corrosion and such use is 
prohibited, unless provisions are made to 
prevent such corrosion; 

(3) The heiglit of the "elephant ring" wall 
shall not exceed four feet unless provisions 
are made for escape should flooding oc- 
cur. The elephant ring shall contain a 
volume 15 percent greater than the vol- 
ume contained in the primary storage 
container plus the volume displaced by 
the footings of any equipment (i.e., 
pumps, meters, etc.) placed within the 
secondary vessel; 

(4) The "elephant ring" shall be free of leaks 
and structural defects. The base shall be 
protected from corrosion, both from in- 
side and outside, and shall be underlain 
by a concrete pad or with eight inches of 
compacted gravel beneath four inches of 
compacted sand, or clay, or as recom- 
mended by the manufacturer of the "ele- 
phant ring" and approved by the 
Commissioner; 

(5) All piping connections to the primary 
storage container shall be made over the 
wall of the "elephant ring" and shall be 
adequately supported and braced. Pumps 
and other fixtures, if located within the 
"elephant rings" containment structure, 
shall be placed on an elevated platform 
above the top of the elephant ring or 
otherwise protected from flooding; 

(6) Accumulation of storm water and other 
matcnal shall be pumped over the wall of 
the "elephant ring" by means of a sump 
pump within the secondary container, or 
by means of an exterior portable pump, 
and used for make-up water or proper 
disposal. 

(d) Drainage from contained areas within dikes: 
(1) Earthen or prefabricated diked area. An 
earthen or prefabricated diked area shall 
not have a relief outlet and valve. The 
base shall slope to a collecting spot where 
storm water can be discharged by pump 
over the berm, into a holding tank within 
a dike for use in the blending process, field 
applied at agronomic rates, or for proper 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



5cSS 



PROPOSED RULES 



disposal in accordance with local require- 
ments for disposal of storm water; 
(2) Asphalt or concrete lined areas. Asphalt 
or concrete lined areas shall have a re- 
cessed catch drain running through the 
center of the base or, as an alternative, a 
sump as pro\ided for in Subparagraph 
(c)(6) of this Rule. 

Statutory Authority G.S. J 06-673. 

.0207 STOR.^GE .\ND H.VNDLING OF 
DR\ BLI.K KF.RTII IZER 

(a) Dr\' fertilizer materials shaU be stored and 
handled in a manner to prevent pollution by 
minimizing losses to the air. surface water, 
ground water, or subsoil. 

(b) Non-fluid fertilizers shall be stored inside a 
sound structure or device ha\ing a cover or roof 
top, sidewalls, and base sufficient to pre\ent 
contact with precipitation and surface waters. If 
stored outdoors, it shall be covered with a 
tarpaulin or other suitable co\ering to prevent 
seepage or runoff. 

(c) All loading, unloading, mixing and handling 
of dr\' fertilizer, unless performed ui the field of 
application, shaU be done by using a containment 
method, device or structure of a size and design 
that win contain the fertilizer and operate to 
minimize emission of dust and or vapors be\ ond 
the facility boundaries. i\n\ collected materials 
shall be applied at agronomic fertilizer rates or 
otherwise recycled. 

(d) Containment devices or structures include, 
but are not limited to. the following methods: 

(1) Paving and curbing of outdoor handling 
areas with materials which allow for col- 
lection and recycle of spilled products. 
Such pad shall be designed to eliminate 
flow of surface water onto the pad; 

(2) Fnclosing conveyors and equipping con- 
veyors with dust control boots. Manually 
extendible boots may be adaptable to up- 
right and auger type conve\ ors; 

(3) Daily cleanup of the outside areas when 
in use. 

Statutoiy Authority G.S. 1 06-6'^ 3. 

.0208 .VCCIDENT.\L DISCHARGE RESPONSE 
PL.VN 

(a) The operator of a storage facility shall pre- 
pare a written "Discharge Response Plan" for the 
storage facility. The plan shaU include: 

(1) The identity and telephone number of the 
persons or agencies who are to be con- 
tacted in the event of a discharge, includ- 



ing persons responsible for the stored 
fertilizer: and, 

(2) For each bulk fertilizer or raw material 
stored at the facility, a current copy of the 
material safety data sheet will accompany 
the "discharge response plan"; 

(3) i'\n identification, by location and size of 
every storage container located at the 
storage facility, and the lyf>e of bulk 
fertilizer or raw material stored in each 
storage container; and, 

(4) For each type of bulk fertilizer stored at 
the facility, the procedures to be used in 
controlling and recovering, or otherwise 
responding to a discharge; and, 

(5) Procedures to be followed in using or dis- 
posmg of a reco\'ered discharge. 

(b) The operator shall keep the plan required 
in this Rule current at all times. 

(c) A copy of the plan required in this Rule 
shall be kept readily available at the storage fa- 
cility and at the nearest local ofiice from which 
the storage facility is administered, and shall be 
a\ailable for inspection and copying by the 
Commissioner or his agent. 

(d) The operator of the storage facility shall 
inform the local fire and police departments, and 
other appropnate agencies of the existence of the 
plan required in this Rule and shall provide a 
current copy of the plan to the local fire and po- 
lice departments. 

Statutory Authority G.S. 1 06-6'' 3. 

.0209 INSPECTION AND MAIN TEN.VNCE 

(a) The operator of a storage facility shall rou- 
tinely inspect and maintain storage facilities, 
storage containers and appurtenances to mini- 
mize the risk of a discharge. 

(b) Ihe operator shall inspect valves and other 
appurtenances for leakage at least weekly when- 
ever facilities are being used for storage. 

(c) When an "elephant ring" is used, inspection 
and maintenance of the primary storage con- 
tainer and of the "elephant ring" shall be con- 
ducted and records of inspections and 
maintenance maintained. 

(d) 1-very secondary containment shall be in- 
spected by the operator at inter\als of not greater 
than six months and be maintained as necessary 
to assure compliance with these Rules. 

(e) All secondary containment areas shall be 
maintained free of debris and foreign matter. 

(f) Any spilled product shall be cleaned up 
daily. 

(g) 'Fhe operator of a storage facility shall rou- 
tinely inspect and maintain loadout and unload- 
ing pads and catch basins. Such inspections shall 



5S9 



6:10 \ORTH CAROLINA REGISTER August 15, 1 991 



PROPOSED RULES 



be conducted at least weekly during operational 
periods and monthly during other periods. 

Statutory Authority G.S. 106-673. 

.0210 RECORDKEEPING 

(a) Records required to be maintained. The 
following records shall be prepared and main- 
tained on file at every storage facility, or at the 
nearest local office from which the storage facility 
is administered: 

(1) A regular record of the fluid fertilizer levels 
in each storage container. The level in 
each storage container shall be measured 
and recorded at least monthly; 
A record of abandoned underground con- 
tainers, if any, as provided for in these 
Rules; 

A written record of all inspections and 
maintenance shall be made on the day of 
the inspection or maintenance, and kept 
at the storage facility or at the nearest lo- 
cal office from which the storage facUity 
is administered. 
Period required for maintenance of records: 
Records required under Subparagraph 
(a)(2) of this Rule shall be maintained as 
permanent records; 

All other required records shall be main- 
tained for at least three years; 
Records shall be available for inspection 
and copying by the Commissioner or his 
agent. 



(2) 



(3) 



(b) 
(1) 



(2) 
(3) 



Statutory Authority G.S. 106-673. 

.021 1 COMPLIANCE SCIIEDl LE 

(a) All new facilities must be in compliance 
when installed or built. 

(b) Underground storage must be in compli- 
ance by January 1, 1996. 

(c) All other existing facihties must be in com- 
pliance by January 1, 1995. 

Statutory Authority G.S. 106-673. 

TITLE 4 - DEPARTMENT OF ECONOMIC 
AND CO\I.MLNITV DEVELOPMENT 



ly otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Department of Economic and 
Community Development, Division of Employment 
and Training intends to amend rule(s) cited as 4 
NCAC 20 A .0002; and adopt rule(s) cited as 4 
NCAC 20B .0901 - .0911. 



1 he proposed effective date of this action is De- 
cember 1 , 1991 . 

1 he public hearing will be conducted at 10:00 
a.m. on September 16, 1991 at the Division of 
Employment and Training, III Seaboard Avenue, 
Raleigh, N.C. 27604. 



Cc 



omment Procedures: Data, opinions and ar- 
guments may be submitted in writing to Mr. Joel 
New, 111 Seaboard Avenue, Raleigh, NC 27604, 
Attention: Louise Williams. All persons inter- 
ested in this hearing are invited to attend. Persons 
interested in making oral presentation must con- 
tact Brenda Stephenson at (919) 733-6383. 

LLditor's Note: These Rules have been filed as 
temporary rules effective July 25, 1991 for a pe- 
riod of ISO days to expire on January 22, 1992. 

CHAPTER 20 - EMPLOYMENT AND TRAINING 
SLBCHAPTER 20A - GENERAL PROVISIONS 

.0002 APPLICABILITY OF RULES 

The rules in Chapter 20 govern the funding, se- 
lection, designation, administration and opera- 
tion of grjints, subgrants, contracts and 
subcontracts funded by federal and state em- 
ployment and training grants admmistered 
through the Division. Provisions in these Rules 
apply to individuals and entities that receive or 
desire to receive these grant funds, directly or in- 
directly, except that employment relationships 
and agency relationships between the Division 
and its employees, employees of the Depart- 
ment's Administrative Hearing Office, employees 
of the Department's OfTice of Legal Affairs, the 
Private Sector Policy Coordinator and the desig- 
nated attorney in the Office of the Attorney 
General for the division, shall not be considered 
contracts or subcontracts under Chapter 20. 

Statutory Authority G.S. I43B-I0; I43B-276. 

SUBCHAPTER 20B - .\DMINISTRATI\ E 
PROVISIONS 

SECTION .0900 - EMPLOYMENT AND 
TRAINING GR.\NT PROGRAM 

.0901 PLRPOSE 

The purpose of this state funded program is to 
make grants available to local agencies operating 
on behalf of the Private Industry Council ser\ing 
Job Training Piirtnership Act service delivery 
areas. Funds shall be used to upgrade the foun- 



6:10 NORTH CAROLINA REGISTER August 15, I99I 



590 



PROPOSED RULES 



dation of basic skills of the adult population and 
the existing workforce in North Carolina. 

Statutory Authority G.S. I43B-438.6. 

.0902 GRANT APPLICATIONS 

Serv'ice deliver)' areas will submit plans for the 
use of these funds as part of the Job Training 
Plan, in accordance with Rule .0201 of this Sub- 
chapter. 

Statutory Authority G.S. I43B-43S.6. 

.0903 .\Ll.OC.VriON OF GRANTS 

The Division may reserve and allocate up to five 
percent of funds a\ailable to the limploymcnt 
and Training Grant Program for state and local 
administrative costs to implement the program. 
The Division of Employment and Training shall 
allocate employment and training grants to local 
agencies operating on behalf of the Pri\ate In- 
dustry Council sen,ing Job Training Partnership 
Act service delivery areas based on the following 
formula: 
( 1 ) One half of the funds shall be allocated on 
the basis of the relative excess number of 
unemployed individuals residing in each 
county as compared to the total excess 
number of unemployed indi%'iduals in all 
counties m the state for the most current 12 
month data. "Excess number of unem- 
ployed" is defmed as the number of unem- 
ployed induiduals in excess of four and 
one-half percent of the civilian labor force in 
each county or the number of unemployed 
individuals in excess of four and one-half 
percent of the civilian labor force in each 
census tract within the county. The follow- 
ing methodology is used to dctcnninc the 
excess number of unemployed: 

(a) Eor counties classified as ha\ing excess 
unemployment, the excess number of un- 
employed is determined by subtracting 
four and one-half percent of the civilian 
labor force from the number of unem- 
ployed individuals within the county. 
The difference equals the number of ex- 
cess unemployed. 

(b) In situations where the entire countN' is 
not classified as ha\ing excess unemploy- 
ment, the excess number of unemployed 
is determined by census tract unemploy- 
ment within the county. Census tract 
data is used to determine which sub- 
county areas qualify as areas of excess 
unemployment. In those subcounty areas 
classified as ha\'ing excess unemployment 
(census tracts with four and one-hall' per- 



cent or higher unemployment rates), four 
and one-half percent of the census tract 
labor force is subtracted from the number 
of unemployed individuals within the area 
of excess unemployment. The subcounty 
figures of excess number of unemployed 
within the county are then added together 
to determine the total excess number of 
unemployed within the county. 
(2) One half of the funds shall be allocated on 
the basis of the relative number of econom- 
ically disadvantaged individuals within each 
county compared to the total number of 
economically disadvantaged individuals in 
the state. To determine the number of eco- 
nomically disad\antaged individuals within 
each county, data from the State Data Cen- 
ter in the OlTice of State Budget and Man- 
agement, or from the federal decennial 
census, whichever is most recent, shall be 
used. 

Statutoty Authority G.S. 143B-438.6. 

.0904 COORDINATION WITH OTHER 

EMPLOYMENT AND TRAINING FLNDS 

These funds will become part of the strategic 
process implemented through the Go\'emor's 
Coordination Criteria and the strategic planning 
process used for de\clopment of Job Training 
Plans by the Private Industry Councils. These 
PICs combine the private sector and pubUc sec- 
tor in an employment and training service dehv- 
ery system that is based on local control, local 
problem solving, coordmation of services and 
accountability. 

Statutory Authority G.S. I43B-43S.6. 

.0905 ELI (ABILITY 

Individuals ser\'ed must be 18 years of age or 
older and must either meet the current Job 
Training Partnership Act definition of econom- 
ically disadvantaged or meet the current defi- 
mtion for eligibility under Title III of the Job 
1 raining Partnership Act. 

Statutory Authority I43B-43S.6. 

.0906 LSE OF FLNDS 

Services that may be provided include partic- 
ipant programs currently available under the fed- 
eral Job Traiiung Partnership Act that are 
appropriate for adults. Services include but will 
not be limited to on-the-job training, work ex- 
perience, adult basic education, skill training, 
upgrading and retraining, counseling and screen- 
ing for job placement, service corps, and sup- 



591 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



portive services necessary to enable individuals to 
participate in the program and to assist them in 
retaining employment for a period of one service 
year following completion of training. PICs have 
flexibility to use funds to fill gaps in current 
training/ self-sufficiency services. 

Statutory Authority G.S. I43B-438.6. 

.0907 COST LIVIITATIONS/CATEGORIES 

Administrative costs will be limited to five per- 
cent of allocation. Definition of administrative 
costs is: 

(1) ADMINISTRATIVE COSTS represent 
the cost associated with general management 
and support functions of an organization as 
well as secondary management and support 
functions which cannot be readily identified 
with a particular cost objective. Including 
hut not Limited to: 

(a) Salaries and fringe benefits of staff not di- 
rectly involved in providing trainiag or 
ser\'ices to participants. 

(b) Related materials, supplies, equipment, 
office space, costs, and travel. 

(2) TRAINING COSTS. All non- 
administrative costs shall be charged as 
training costs. 

Statutory Authority G.S. 143B-438.6. 

.0908 REPORTING 

Reports for the ETGP funds will be made con- 
sistent with Division requirements. The Division 
will report quarterly to the Governor and to the 
Speaker of the House of Representatives and the 
President Pro Tempore of the Senate. The State 
Job Training Council shall receive quarterly re- 
ports on fund utilization. 

Statutory Authority G.S. I43B-438.6. 

.0909 PERFORMANCE STANDARDS 

Program performance wiU be evaluated by the 
Division using a process patterned after the sys- 
tem of performance standards and measures re- 
quired by the JTPA. Local performance 
measures will be estabhshed during the planning 
process and may include: entered employment 
rate at termination; average wage at placement; 
welfare entered employment rate at termination; 
number of participants receiving GED/high 
school equivalency; and number of participants 
that return to full time school. 

Statutory Authority G.S. I43B-438.6. 

.0910 MONITORING/OVERSIGHT 



The Division will monitor for fiscal and 
programmatic compliance, for proper manage- 
ment, for civil rights compliance and for such 
other purposes as are reasonable for adminis- 
tration of these funds as specified in Rule 
.0502(a) and (b) of tliis Subchapter. Oversight 
includes both on-site visits and in-house reviews 
of participant and fmancial reports. 

Statutory Authority G.S. I43B-438.6. 

.0911 FUND AVAILABILITY 

Funds appropriated that are not expended at the 
end of the program year wiU not revert to the 
state treasury' but will remain available to the 
Department for continued program purposes. 
A voluntary' transfer process will be utilized to 
redistribute funds. 

Statutory Authority G.S. 143B-43S.6. 

TITLE 10 - DEPARTMENT OF HLWIAN 
RESOURCES 

Jyottce is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Medical Care Commission in- 
tends to amend rule(s) cited as 10 NCAC 3C 
.1902. .1917; 3H .0108, .0216, .1807; and adopt 
rule(s) cited as 10 NCAC 3C .0110, .1927 - 
.1932; 3Q .0205. 

1 he proposed effective date of this action is De- 
cember 1 , 1991 . 

1 he public hearing will be conducted at 9:30 
a.m. on September 20, 1991 at Room 201 , Council 
Building, 701 Barbour Drh-e. Raleigh, N.C. 27603. 



Co 



■ omment Procedures: Written comments 
should be submitted to Jackie Sheppard, 701 
Barbour Drive, Raleigh, North Carolina 27603 by 
September 19, 1991. Oral comments may be 
given at the hearing. 

CHAPTER 3 - FACILITY SERVICES 

SLBCHAPTER 3C - LICENSING OF 
HOSPITALS 

SECTION .0100 - PROCEDLRE 

.0110 ITEMIZED CHARGES 

(a) The facility shall either present an itemized 
list of charges to all discharged patients or the 
facility shall include on patients' bills which are 
not itemized notification of the right to request 
an itemized biU within 30 days of receipt of the 
non-itemized bill. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



592 



PROPOSED RULES 



(b) If requested, the facility shall present an 
itemized list of charges to each patient, or his re- 
sponsible party. 

(c) The itemized hsting shall include, at a min- 
imum, those charges incurred in the following 
ser\'ice areas: 

(1) Room rates; 

(2) Laboratory; 

(3) Radiology and Nuclear Medicine; 

(4) Surgery; 

(5) Anesthesiology; 

(6) Pharmacy; 

(7) Emergency and ambulatory services; 

(8) Specialized Care; 

(9) Extended Care; 

(10) Prosthetic and Orthopedic appliances; 

(11) Other professional senices. 

(d) The facility shall indicate on the initial or 
renewal license application that patient biUs are 
itemized, or that each patient or responsible party 
is formally advised of the patient's right to re- 
quest an itemized listing within 30 days of receipt 
of a non-itemi/.ed bill. 

Stauiiory- Authority G.S. I3IE-9I . 

SECTION .1900 -SI PPI.KMF.NT.AI. Rl I.F.S FOR 

THF I K FNSl RE OF THE SKll I EI): 

INTERMEDI.VFE: HOMICIEIAR^ BEDS IN .\ 

HOSFTIAE 

.1902 DEFINrriONS 

The following definitions shall apply through- 
out this Section, unless text otherwise clearly in- 
dicates to the contrary: 

(1) "Accident" means something occurring by 
chance or without intention which has 
caused physical or mental harm to a patient, 
resident or employee. 

(2) "Administer" means the direct application 
of a drug to the body of a patient by in- 
jection, inhalation, ingestion or other means. 

(3) "Administrator" means the person who 
has authority for and is responsible to the 
governing board for the overall operation of 
a facility. 

(4) "Rrain injurx' extended care" is defined as 
a multi-discipline maintenance program for 
patients who have incurred brain damage 
caused bv external phvsicc'd trauma and who 
have completed a pnmarx' course of 
rehabilitatne treatment and have reached a 
point of no gain or progress for more than 
three consecutne months. Services are 
pro\ided through a medically super\ised 
interdisciplinar\' process and arc directed to- 
ward restoring the indi\'idual to the optimal 
level ot^ physical, cognitne and beha\ioral 
functioning. 



(5) (4) "Capacity" means the maximum num- 
ber of patient or resident beds which the fa- 
cihty is licensed to maintain at any given 
time. This number shall be determined as 
follows: 
(a) Bedrooms shall have minimum square 
footage of 100 square feet for a single 
bedroom and 80 square feet per patient 
or resident in multi-bedded rooms. This 
minimum square footage shall not include 
space in toilet rooms, washrooms, closets, 
vestibules, corridors, and built-in furni- 



ture. 



(b) 



Dining, recreation and common use areas 
available shall total no less than 25 square 
feet per bed for nursing care beds and no 
less than 30 square feet per bed for 
domiciliary home beds. Such space must 
be contiguous to patient and resident 
bedrooms. 

(6) (-1^ "Combination Facility" means a "com- 
bination home" as defmed in the Nursing 
Home Licensure Act G.S. 131E-101 (1). 

(7) (4) "Convalescent Care" means care given 
for the purpose of assisting the patient or 
resident to regain health or strength. 

(8) (^ "Department" means the North 
Carolina Department of Human Resources. 

(9) f^ "Director of Nursing" means the nurse 
who has authority and direct responsibility 
for all nursing services and nursing care. 

( 10) {^ "Dispense" means preparing and pack- 
aging a prescription drug or device in a con- 
tainer and labeling the container with 
information required by state and federal 
law. Filling or refilling drug containers with 
prescription drugs for subsequent use by a 
patient is "dispensing". Providing quantities 
of unit dose prescription drugs for subse- 
quent administration is "dispensing". 

(11) (44^ "Drug" means substances: 

(a) recognized in the official United States 
Pharmacopoeia, official National 
Formulary, or any supplement to any of 
them; 

(b) intended for use in the diagnosis, cure, 
mitigation, treatment, or prevention of 
disease in man or other animals; 

(c) intended to affect the structure or any 
function of the body of man or other ani- 
mals, i.e., substances other than food; and 

(d) intended for use as a component of any 
article specified in (a), (b), or (c) of this 
Subpcu'agraph. 

( 12) (44-^ "Duly Licensed" means holding a 
current and valid license as required under 
the General Statutes of North Carolina. 



59.^ 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



(13) f45) "Existing Facility" means a licensed 
facility; or a proposed facility, proposed ad- 
dition to a licensed facility or proposed re- 
modeled licensed facility that wiU be built 
according to plans and specifications which 
have been approved by the Department 
through the preliminary working drawings 
stage prior to the effective date of this Rule. 

(14) f44^ "Exit Conference" means the confer- 
ence held at the end of a survey, inspection 
or investigation, but prior to fmalizing the 
same, between the Department's represen- 
tatives who conducted the survey, inspection 
or investigation and the facibty adminis- 
tration representative(s). 

(15) f4-H "Incident" means an intentional or 
unintentional action, occurrence or happen- 
ing which is likely to cause or lead to phys- 
ical or mental harm to a patient, resident or 
employee. 

(16) (4^ "Licensed Practical Nurse" means a 
nurse who is duly licensed as a practical 
nurse under G.S. 90, Article 9A. 

( 17) f44^ "Licensee" means the person, firm, 
partnership, association, corporation or or- 
ganization to whom a license has been is- 
sued. 

(18) (4-?-^ "Medication" means drug as defmed 
in (12) of this Rule. 

(19) f4-8^ "New Facility" means a proposed fa- 
cility, a proposed addition to an existing fa- 
cility or a proposed remodeled portion of an 
existing facihty that is constructed according 
to plans and specifications approved by the 
Department subsequent to the effective date 
of this Rule. If determined by the Depart- 
ment that more than one half of an existing 
facility is remodeled, the entire existing fa- 
cility shaU be considered a new facility. 

(2fl) {Ar^ "Nurse Aide" means any person re- 
gardless of working title who is qualified to 
provide nursing care under the supervision 
of a licensed nurse and is registered as a 
nurse aide in a nurse aide registry approved 
by the Department and is listed with the 
Board of Nursing central registry. 

(21) (-3^ "Nurse Aide Trainee" means an indi- 
vidual in training to become a nurse aide. 

(22) f^ "Nursing Facility" means that portion 
of a nursing home certified under Title XIX 
of the Social Security Act (Medicaid) as in 
compHance with federal program standards 
for nursing facilities. It is often used as 
synonymous with the term "nursing home" 
which is the usual prerequisite level of state 
Hcensure for nursing facility (NT) certif- 
ication and .Medicare skilled nursing facility 
(SNF) certification. 



(23) f^^ "Nurse in Charge" means the nurse to 
whom duties for a specified number of pa- 
tients and staff for a specified period of time 
have been delegated, such as for Unit A on 
the 7-3 or 3-11 shift. 

(24) (3^ "On Duty" means persormel who are 
awake, dressed, responsive to patient needs 
and physically present in the facility per- 
forming assigned duties. 

(25) (34) "Patient" means any person admitted 
for nursing care. 

(26) (3^ "Physician" means a person licensed 
under G.S. Chapter 90, Article 1 to practice 
medicine in North Carolina. 

(27) (-36) "Qualified Dietitian" means a person 
who meets the standards and qualification 
established by the Committee on Profes- 
sional Registration of the /Vmerican Dietetic 
Association. 

(28) (-i?) "Registered Nurse" means a nurse 
who is duly licensed as a registered nurse 
under G.S. 90, Article 9A. 

(29) (3^ "Resident" means any person admit- 
ted for care to a domiciliary' home. 

(30) (30) "Sitter" means an individual employed 
to provide companionship and social inter- 
action to a particular resident or patient, 
usually on a private duty basis. 

(31) (40) "Supervisor-in-Charge" means a duly 
licensed nurse to whom supervisory duties 
have been delegated by the Director of 
Nursing. 

(32) "Ventilator dependence" is defined as 
physiological dependency by a patient on 
the use of a ventilator for more than eight 
hours a day 



Authority G.S. /3/E-79; 42 U.S.C. I396r(a). 

.1917 MKDIC.\TION ADMIMSTRATION 

(a) A licensed facility shall have policies and 
procedures governing the administration of 
medications which shall be enforced and imple- 
mented by administration and staff. Policies and 
procedures shall include, but shall not be limited 
to: 

(1) automatic stop orders for treatment and 
drugs; 

(2) accountability of controlled substances as 
defined by the North Carohna Controlled 
Substances Act, G.S. 90, Article 5; 

(3) dispensing and administering behavior 
modifying drugs, such as hypnotics, 
sedatives, tranquilizers, antidepressants 
and other psychotherapeutic agents; 
insulin; intravenous fluids and 
medications; cardiovascular regulating 
drugs; and antibiotics. 



6:10 NORTH CAROLINA REGISTER August 15, I99I 



594 



PROPOSED RULES 



(b) All medications or drugs and treatments 
shall be administered and discontinued in ac- 
cordance with signed physician's orders which are 
recorded in the patient's or resident's medical re- 
cord. 

(1) Only physicians, registered nurses. licensed 
practical nurses or physician assistants, if 
in accordance with the assistant's ap- 
proved practice, shall administer 
medications. 

(2) \o ensure accountability, any medication 
shall be administered by the same licensed 
personnel who prepared the dose for ad- 
ministration. This Rule does not apply 
to the dispensing of medications from a 
pharmacy utilizing a unit of use drug de- 
hvery system. 

(3) Medications shall be administered within 
a half hour prior to or half hour after the 
prescribed time for administration unless 
precluded by emergency situations. 

(4) The person administering medications 
shall identify each patient or resident m 
accordance with the facility's policies and 
procedures prior to administering any 
medication. 

(5) Medication administered to a patient or 
resident shall be recorded in the patient's 
or resident's medication administration 
record immcdiatcK' after administration in 
accordance with the facility's policies and 
procedures. 

(6) Omission of medication and the reason for 
the omission shall be indicated in the pa- 
tient's or resident's medical record. 

(7) The person administering medications 
which are ordered to be given as needed 
(PRN) shall justity the need for the same 
in the patient's or resident's medical re- 
cord. 

(8) Medication administration records shall 
provide identification of the drug and 
strength of drug, quantity of drug admin- 
istered, name of administering employee, 
title of employee and time of adminis- 
tration. 

(c) Self-administration of medications shall be 
permitted only if prescnbed by a ph\ sician and 
directions are printed on the container. 

(d) The administration of one patient's or resi- 
dent's medications to another patient or resident 
is prohibited e.\cept in the case of an emergency. 
In the event of such an emergency, steps shall be 
taken to assure that the borrowed medications 
shall be replaced promptly and so documented. 

(e) W-rbal orders shall be countersigned bv a 
phvsician within \'\\x da\s of issuance. 



Statutory Authority G.S. I3IE-79. 

.1927 BRAIN INJLRY EXTENDED CARE 
F'llVSICIAN SERVICES 

In nursing facility beds designated as brain in- 
jury extended care units an attending physician 
shall be responsible for a patient's specialized 
extended care program. The intensity of the 
program requires that there shall be direct patient 
contact by a physician at least once a week and 
more often as the patient's condition warrants. 
Each patient s multi-discipline extended care 
program shall be developed and implemented 
under the supervision of a physiatrist or a physi- 
cian of equivalent training and experience who 
shall be the attending physician. If a physiatrist 
is not a\ailable on a regular basis the facihty shall 
provide for weekly attending medical manage- 
ment of the patient, with o\'ersight for the pa- 
tient's multi-discipline extended care program 
provided by a qualified consultant physician who 
visits patients monthly, makes recommendations 
for and approses the intcrdisciplinar,' care plan, 
and pro\ides consultation as requested to the at- 
tending physician. The attendmg physician shall 
actively participate in individual case conferences 
or care planning sessions and shall complete and 
sign discharge summaries and records within 15 
days of patient discharge. When patients are to 
be discharged to either another health care facility 
or a residential setting the attending physician 
shall assure that the patient has been provided 
with a discharge plan which incorporates opti- 
mum utilization of community resources and 
post discharge continuity of care and ser\ ices. 

Statutory Authority G.S. I3IE-79. 

.1928 BRAIN IN.Il RY EXTENDED CARE 
PROt.RAM REQl IREMENTS 

(a) The general requirements in this Subchapter 
shall apply when applicable, but brain injury ex- 
tended care units shall meet the supplement re- 
quirements in this Rule and Rule .1929 of this 
Section. Brain injury extended care is a multi- 
discipline intensive maintenance program for pa- 
tients who have incurred brain damage caused 
by extemal physical trauma and who have com- 
pleted a priman.' course of rehabilitative treat- 
ment and have reached a point of no gain or 
progress for more than three consecutive months. 
Services are provided through a medically super- 
\ised mterdisciphnars process as pro\ided in 
Rule .1927 of this Section and are directed to- 
ward maintaining the indi\idual at the optimal 
le\el of physical, cogniti\e and behavioral func- 
tioning. Following are the minimum require- 



595 



6:10 NORTH CAROLINA REGISTER August 15, 1 99 1 



PROPOSED RULES 



ments for specific services that may be necessary 
to maintain the individual at optimum level: 

(1) Overall supervisory responsibility for brain 
injury extended care services shall be as- 
signed to a registered nurse with one year 
experience. 

(2) Physical Therapy shall be provided by a 
physical therapist with a current valid 
North Carolina license working in the 
brain injury unit a minimum of 20 hours 
per week plus an additional two hours per 
week for each patient in excess of ten. 
(e.g.: 20 patients, 40 hours per week) The 
assistance of a physical therapy assistant 
or aide shall be provided at the rate of two 
hours per week per active physical therapy 
patient on a facility wide basis with a 
minimum of 40 hours per week regardless 
of how small the census. 

(3) Occupational therapy shall be provided 
by an occupational therapist with a cur- 
rent valid North Carolina license working 
in the unit 20 hours per week plus an ad- 
ditional two hours per week for each pa- 
tient in excess of ten. (e.g.: 20 patients, 
40 hours per week) The assistance of an 
occupational therapy aide or assistant 
shall be provided at the rate of two hours 
per week per patient with a minimum of 
one full time aide. 

(4) Clinical nutrition services shall be pro- 
\ided by a qualified dietician with two 
years clinical training and experience in 
nutrition. Clinical nutntion services shall 
include: 

(A) Assessing the appropriateness of the 
ordered diet for conformance with each 
patient's physiological and pharma- 
cological condition. 

(B) Evaluate each patient's laboratory data 
in relation to nutritional status and hy- 
dration. 

(C) Apply technical knowledge of feeding 
tubes, pumps and equipment to each pa- 
tient's specialized needs. 

(5) Chnical Social Work shall be provided by 
a Social Worker meeting the requirements 
of Rule .1923 of this Section. 

(6) Recreation therapy, when required, shall 
be provided by a clinician eligible for cer- 
tification as a therapeutic recreation spe- 
cialist by the State Board of Therapeutic 
Recreation Certification. In the event 
that a qualified specialist is not locally 
available, alternate treatment modahties 
shaU be developed by the occupational 
therapist and reviewed by the attending 
physician. 



(7) Speech therapy, when required, shall be 
provided by a clinician with a current 
\alid license in speech pathology issued 
by the State Board of Audiology and 
Speech Pathology. 

(8) Respiratory therapy, when required, shall 
be provided and supervised by a respir- 
atory therapist currently registered by the 
National Board for Respiratory Care. 

(b) Each patient's program shall be governed 
by a multi-discipline treatment plan incorporat- 
ing and expanding upon the health plan required 
under Rules .1908 and .1909 of this Section. The 
plan is to be initiated on the frrst day of admis- 
sion. Upon completion of baseline data devel- 
opment and an integrated interdisciplinary 
assessment the initial treatment plan is to be ex- 
panded and finalized v\ithin 14 days of admission. 
Through an interdisciplinary process the treat- 
ment plan shall be reviewed at least monthly and 
revised as appropriate. In executing the treat- 
ment plan the interdisciplinary team shall be the 
major decision-making body and shall determine 
the goals, process, and time frames for accom- 
plishment of each patient's program. Disciplines 
to be represented on the team shall be medicine, 
nursing, clinical pharmacy and all other disci- 
plines directly in\olved in the patient's treatment 
or treatment plan. 

(c) Each patient's overall program shall be as- 
signed to an indi\idually designated program 
manager. 1 he program manager shall be re- 
sponsible for: 

(1) coordinating the development, implemen- 
tation and periodic review of the patient's 
treatment plan; 

(2) preparing a monthly summary of the pa- 
tient's progress: 

(3) cultivating the patient's participation in 
the program; 

(4) general super\ision of the patient during 
the course of treatment; 

(5) evaluating appropriateness of the treat- 
ment plan in relation to the attamment of 
stated goals; and 

(6) assuring that discharge decisions and ar- 
rangements for post discharge foUow-up 
are properly made. 

(d) For each 20 patients or fraction thereof 
dedicated treatment facilities and equipment shall 
be provided as follows: 

(1) A speech therapy room with dimensions 
which equal or exceed 1 75 square feet and 
wliich is so designed and maintained as to 
permit free movement of three fully 
opened reclining wheelchairs. 

(2) Two occupation;il physical therapy 
rooms, each with dimensions which equal 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



596 



PROPOSED RULES 



(3) 



or exceed 600 square feet. Each room 
shall be equipped with three double size 
mat tables, one tilt table, and one set of 
free standing or foldaway parallel bars. 
Each room is to be plumbed with a sink 
suitable for hand washing. Each room 
shall open directly to a wheelchair acces- 
sible water closet. 

Access to one full reclining wheelchair per 
patient. 



(4) Special physical therapy and occupational 
therapy equipment for use in fabricating 
positionmg de\ices for beds and wheel- 
chairs including splints, casts, cushions, 
wedges, and bolsters. 

(5) There shall be roll-in bath facilities with a 
dressing area available to all patients 
which shall afford ma.ximum privacy to 
the patient. 

Statutory Authority G.S. I3IE-79. 



.1929 SPECIAL M RSING RKQLIREMKNTS BRAIN INJl RV E.XIKNDKD CARE 

Direct care nursmg personnel staffing ratios (S\\ PD) established in Rule .1912 of this Section shall 
not be applied to nursing services for patients who require brain mjur>' extended care. When such 
senices are provided the table in this Rule establishes the minimum acceptable direct care nursing staff 
ratios per patient (NH P). It is also required that regardless of how low the patient census the direct 
care nursing staff shall not fall below a registered nurse and a nurse aide 1 at any time during a 24 hour 
period. The minimum direct care nursing staff ratios are: 



STAFE 
POSITION 


1st SHIET 
STAFE RATIO 


2nd SHIFT 
SFAFF RATIO 


3rd SHIFT 
STAFF RAFIO 


DAIFV 
RFQUIRFMENT 


RN 


.s Ml P 


4 MI P 


.4 NH P 


L6 NH PD 


I P\ 


.S Ml P 


.8 NH P 


.4 NH P 


2.0 NH PD 


N.\ 1 


."5 Ml P 


.75 NH P 


.4 NH P 


1 Q NH PD 


\A (Trainee! 


II 


1) 


II 






Statutotj Authority G.S. 131 £-"9. 

.19.^0 \ENTILATOR DEPENDENCE 

The general requirements m this Subchapter 
shall apply when applicable. In addition, faciU- 
ties having patients requiring the use of venilators 
for more than eight hours a day must meet the 
following requirements: 

(1) Respiratory therapy shall be provided and 
supcn."ised by a respiratory therapist cur- 
rently registered by the National Board for 
Respiratorv Care. The respiratorv therapist 
shall: 

(a) make, as a mmimum. weekly on-site as- 
sessments of each patient receiving 
ventilator support with corresponding 
progress notes; 

(b) be on-call 24 hours daily: and 

(c) assist the pulmonologist and nursing staff" 
in establishing ventilator policies and pro- 
cedures, including emergency policies and 
procedures. 

(2) Direct nursing c;ire staffing shall be in ac- 
cordance uith Rule .1912 of this Section. 

Siatuton Aulhoritv G.S. 13IE-79. 



.1931 PHVSICE\N SERMCES FOR 

\ ENTILATOR DEPENDENT PATIENTS 

Hospitals with nursing facihty beds with 
\entilator dependent care patients shall contract 
with a physician who is licensed to practice in 
North Carolina with Board Certification and 
who has specialized training in pulmonary medi- 
cine. This physician shall be responsible for re- 
spiratory' ser\ices and shall: 

(1) establish, with the respirators' therapist and 
nursing staffi appropriate ventilator policies 
and procedures, including emergency proce- 
dures; 

(2) assess each \entilator patient's status at least 
monthly with correspondmg progress notes; 

(3 1 be a\ailable on an emergency basis: and 
(4) participate in individual patient case plan- 
ning. 

Statutofj Authority G.S. I3IE-79. 

.1932 EMERGENCY ELECTRICAL SERMCE 

(a) A minimum of one dedicated emergency 
branch circuit per bed is required for ventilator 
dependent patients m addition to the normal 



597 



6:10 SORTH CAROLINA REGISTER .August 15, 1991 



PROPOSED RULES 



system receptacle at each bed location required 
by the National Blectrical Code. This emergency 
circuit shall be provided with a minimum of two 
duplex receptacles identified for emergency use. 
Additional emergency branch circuits/receptacles 
shall be provided where the electrical life support 
needs of the patient exceed the minimum re- 
quirements stated in this Paragraph. Each 
emergency circuit serving ventilator dependent 
patients shaU be fed from the automatically 
transferred critical branch of the essential elec- 
trical system. This Paragraph shaU apply to both 
new and existing facihties. 

(b) Heating equipment provided for ventilator 
dependent patient bedrooms shall be connected 
to the critical branch of the essential electrical 
system and arranged for delayed automatic or 
manual connection to the emergency power 
source if the heating equipment depends upon 
electricity for proper operation. This Paragraph 
shall apply to both new and existing facilities. 

(c) Task lighting connected to the automat- 
ically transferred critical branch of the essential 
electrical system shall be provided for each 
ventilator dependent patient bedroom. This 
Paragraph shall apply to both new and existing 
facilities. 

Statutory Authority G.S. I3IE-79. 

SLBCFIAPTER 3H - RLLF.S FOR HIE 
LICENSING or Nl RSINC; HOMES 

SECTION .0100 - GENERAL INFORMATION 

.0108 DEFINITIONS 

The following definitions will apply throughout 
this Subchapter: 

(1) "Accident" means an unplanned or un- 
wanted event resulting in the injury or 
wounding, no matter how slight, of a patient 
or other individual. 

(2) "Adequate" means, when applied to vari- 
ous areas services, that the services are at 
least satisfactory' in meeting a referred to 
need when measured against contemporary 
professional standards of practice. 

(3) "Administrator" means the person who 
has authority for and is responsible for the 
overall operation of a facihty. 

(4) "Appropriate" means riglit for the specified 
use or purpose, suitable or proper when 
used as an adjective. When used as a tran- 
sitive verb it means to set aside for some 
specified exclusive use. 

(5) "Rrain injury' extended care" is defined as 
a multi-discipline maintenance program for 
patients who ha\e inclined brain damage 
caused by external physical trauma and who 



have completed a primary course of 
rehabilitative treatment and have reached a 
point of no gam or progress for more than 
three consecutive months. Services are 
provided through a medically supervised 
inter-disciplinary process and are directed 
toward restoring the individual to the opti- 
mal level of physical, cognitive and behav- 
ioral functions. 

(6) (4^ "Capacity" means the maximum num- 
ber of patient or resident beds for which the 
facility is licensed to maintain at any given 
time. This number shall be determined as 
follows: 

(a) Bedrooms shall have minimum square 
footage of 100 square feet for a single 
bedroom and 80 square feet per patient 
or resident in multi-bedded rooms. This 
minimum square footage shall not include 
space in toilet rooms, washrooms, closets, 
vestibules, corridors, and built-in furni- 
ture. 

(b) Dining, recreation and common use areas 
available shall total no less than 25 square 
feet per bed for nursing beds and no less 
than 30 square feet per bed for domiciliary 
home beds. 

(7) {4rf "Combination facility" means a com- 
bination home as defmed in G.S. 13 IE- 101. 

(8) f?) "Convalescent Care" means care given 
for the purpose of assisting the patient or 
resident to regain health or strength. 

(9) f8| "Department" means the North 
CaroUna Department of I luman Resources. 

( 10) fO^ "Director of Nursing" means the nurse 
who has authority and direct responsibility 
for all nursing services and nursing care. 

(11) (44) "Drug" means substances: 

(a) recognized in the official United States 
Pharmacopoeia, official National 
Formulary, or any supplement to any of 
them; 

(b) intended for use in the diagnosis, cure, 
mitigation, treatment, or prevention of 
disease in man or other animals; 

(c) intended to affect the structure or any 
function of the body of man or other ani- 
mals, i.e., substances other than food; and 

(d) intended for use as a component of any 
article specified in (a), (b), or (c) of this 
Subparagraph. 

( 12) (44) "Duly Licensed" means holding a 
current and valid license as required under 
the General Statutes of North Carolina. 

(13) f4-3) "Existing Facility" means a licensed 
facility; or a proposed facility, proposed ad- 
dition to a hcensed facility or proposed re- 
modeled licensed facility that will be built 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



598 



PROPOSED RULES 



according to plans and specifications \\hich 
have been approved by the Department 
through the preliminary working drawings 
stage prior to the effective date of this Rule. 

( 14) f44^ "Exit Conference" means the confer- 
ence held at the end of a surs'cy, inspection 
or in\'estigation, but prior to fmalizing the 
same, between the Department's represen- 
tatives who conducted the survey, inspection 
or investigation and the facility adminis- 
tration representative. 

( 15) f44f "Incident" means an unplanned or 
unwanted e\ent which has not caused a 
wound or injury to any individual but which 
has the potential for such should the event 
be repeated. 

( 16) f-14-^ "Licensed Practical Nurse" means a 
nurse who is duly licensed as a practical 
nurse under G.S. 90, Article 9A. 

( 17) f+&> "Licensee" means the person, firm, 
partnership, association, corporation or or- 
ganization to whom a license has been is- 
sued. 

( 18) (44^ "Life Care Center" means an institu- 
tion, fum, association, organization, corpo- 
ration, partnership, individual or other 
business which advertises to the public or 
provides continuing care to individuals for 
life including retirement, domiciliary, and 
nursing care facilities, from the time of ad- 
mission to the time of death. Such contin- 
uing care is furnished pursuant to a 
continuing care agreement and to individuals 
not related by consanguinity or aiTmity to 
the provider. 

(19) f4^ "Medication" means drug as defmcd 
m (II) of this Rule. 

(20) f4% "New 1-acility" means a proposed fa- 
cility, a proposed addition to an existing fa- 
cility or a proposed remodeled portion of an 
existing facility that is constructed according 
to plans and specifications approved by the 
Department subsequent to the effective date 
of this Rule. If detennincd by the Depart- 
ment that more than half of an existing fa- 
cility is remodeled, the entire existing facility 
shall be considered a new facility. 

(21) f^% "Nurse Aide" means any person re- 
gardless of working title who is qualified to 
provide nursing care under the super\ision 
of a licensed nurse and is registered as a 
nurse aide in a nurse aide registry approved 
by the Department and is listed with the 
Board of Nursing Central Registry. 

(22) (34-)' "Nurse Aide Trainee" means an indi- 
vidual in training to become a nurse aide. 

(23) (-3^ "Nursing Facility" means that portion 
of a nursma home certified under I'ltle Xl.\ 



of the Social Security Act (.Medicaid) as in 
compliance with federal program standards 
for nursing facilities. It is often used as 
synonymous with the term "nursing home" 
which is the usual prerequisite level of state 
licensure for nursing facility (NF) certif- 
ication and Medicare skilled nursing facility 
(SNF) certification. 

(24) f3^ "Nurse in Charge" means the nurse to 
whom duties for a specified number of pa- 
tients and staff for a specified period of time 
have been delegated, such as for Unit A on 
the 7-3or 3-irsliift. 

(25) f34^ "On Duty" means personnel who are 
awake, dressed, responsive to patient needs 
and physically present in the facility per- 
forming assigned duties. 

(26) f^^ "Operator" means the owner of the 
nursing home business. 

(27) (-54f "Patient" means any person admitted 
for nursing care. 

(28) (-i?-^ "Provisional License" means an 
amended license recognizing significantly 
less than fuU compliance with the licensure 
rules. It is applicable to new licensees who 
are not yet fully operable under the hcensee's 
control or to licensees with serious compli- 
ance problems. 

(29) {2^ "Physician" means a person licensed 
under G.S. Chapter 90, Article 1 to practice 
medicine in North Carolina. 

(30) f3% "Qualified Dietitian" means a person 
who meets the standards and qualification 
established by the Commission on Dietetic 
Registration of the /Vmerican Dietetic Asso- 
ciation. 

(31) (4% "Registered Nurse" means a nurse 
who is dulv licensed as a registered nurse 
under G.S. 90, Article 9A. 

(32) (44-^ "Resident" means any person admit- 
ted for care to a domiciliary home part of a 
combination home as dcfmed in G.S. 
131F-10!. 

(33) (43-^ "Sitter" means an individual employed 
to provide companionship and social inter- 
action to a particular patient, usually on a 
private duty basis. 

( 34 ) (-44^ "Supervisor-in-Charge (domiciliary 
home)" means any employee to whom su- 
pervisory duties for the domiciliary home 
portion of a combination home have been 
delegated by either the Administrator or Di- 
rector of Nursing. 

(35) "\"entilator dependence" is dcfmed as 
phvsiologcal dependency bv a patient on 
the use of a ventilator for more than eight 
hours a dav. 



599 



6:10 ^ORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



Aulhoriiy G.S. /3/E-/04; 42 U.S.C. I396r(a). 
SECTION .0200 - LICENSURE 

.0216 DENIAL, AMENDMENT, OR 
REVOCATION OF LICENSE 

(a) The Department shall deny any licensure 
application upon becoming aware that the appli- 
cant is not in compliance with any applicable 
provision of the Certificate of Need r . tututL'n G.S. 
\U^ law located in Article 9 of Chapter 131F 
of the (jeneral Statutes and the rules adopted 
under i^ that law. 

(b) Ipon becoming av . arL» t4«4- » licjnr . eo ha* 
coaOL'd t«- ' ; i ub ' , . tantiully comply ' ■ vith the niloo ef 
thie SubchuptL ' r. th^ Departm e nt r . hall e*vf wnt- 
teft notice h^ (4+t» licL'nr . ee »f t4w nature b+ t41 tk»- 
ficioncio '' aft4 require t4+e licen '. ee to- comply with 
tbe rule ' J »f nubmit aft acceptable plan e4 eef- 
rection within teft days ef receipt trf ti«* notice. 
The Department may amend a license bv reduc- 
ing it irom a full license to a proMsional license 
whenever the Department finds that: 

( 1 ) the licensee has substantially failed to 
comply with the pro\isions ot Part A of 
Article 6 of Chapter 1311' of the Cjeneral 
Statutes and the rules promulgated under 
that Part; and 

(2) there is a reasonable probability that the 
licensee can remedy the licensure defi- 
ciencies within a reasonable length of 
time; and 

(3) there is a reasonable probability that the 
Ucensee wiU be able thereafter to remain 
in compliance with the nursing home 
licensure rules for the foreseeable future. 

The Department shall give the licensee written 
notice ot the amendment of his license. This 
notice shall be gi\'en by registered or certified 
mail or by persond service and shall set forth the 
reasons for the action. 

(c) U th<* licensee foite to r . ubmit a f4aft ©f eei^ 
rection t*f fo*fe to- correct th«» deficiencies ^^et- forth 
jft tl*e notice within a time penod acceptable to 
the Department, the Depart ment shall notify the 
lic e nsee t4*at its license hatr been reduced t» that 
of pro' . 'i i' ional. 44%e proi i isional license shall tef- 
minate e» a day specified m the notice. 1 he 
provisional license shall be elTecti\e immediately 
upon its receipt bv the licensee and must be 
posted in a prominent location, accessible to 
public view, within the licensed premises m lieu 
ot the full license. I he pro\isional license shall 
remain in etfect until: 



(1) the Department restores the licensee to full 
hcensure status; or 

(2) the I3epartment revokes the licensee's ^ 
cense; or 

(3) the end of the licensee's licensure year. 

If a Ucensee has a provisional hcense at the time 
that the licensee submits a renewal application, 
the hcense, if renewed, shall also be a provisional 
license unless the Department determines that 
the hcensee can be returned to fuU licensure sta- 
tus. A decision to issue a provisional license is 
staved during the pendancy of an administrative 
appeal and the licensee may continue to display 
its fuU license dunng the apped. 

(d) Appeals from the Department's decision te- 
deny Bf re' i oke a hcens e &f to issue a provisional 
license shall be » accordanc e with the Adminis 
trati' i e Procedure Aetr (i.S. Chapter 15(IIJ. The 
Department may revoke a license whcneven 

( 1) "1 he Department finds that: 

(A) the licensee has substantially failed to 
comply with the provisions of Parts A and 
B of Article 6 of Chapter 1311- of the 
(jeneral Statutes and the rules 
promulgated under those parts; and 

(B) it IS not reasonably probable that the 
licensee can remedy the hcensure defi- 
ciencies within a reasonable length of 
time; or 

(2) The Department finds that: 

(A) the licensee has substantially failed to 
comply with the pro\ isions of Parts A and 
B of Article 6 of Chapter 1311-: of the 
(jeneral Statutes: and 

(B) altliough the licensee may he able to 
remed\' the deficiencies within a reason- 
able time, it is not reasonably probable 
that the licensee will be able to remain in 
compliance with nursing home hcensure 
rules for the foreseeable future; or 

(3) The Department finds that there has been 
any failure to comply with the provisions 
of Parts A and B of Article 6 of (Tiapter 
1311'^ of the (jeneral Statutes and the rules 
promulgated under those parts that en- 
dangers the health, safety or welfare of the 
patients in the facilit\'. 



The issuance of a provisional license is not a 
procedural prerequisite to the re\'ocation of a li- 
cense pursuant \o_ Subparagraphs (d)( 1 ), (2) and 
(3) of t_his Rule. 

Statuton- Aui/writv G.S. I3IE-I04. 



.1807 OIHER 



SECTION .1800 - MECHANICAL: ELECTRICAL: PLUMBING 



6:10 NORTH CAROLINA REGISTER August 15, 1 99 1 



600 



PROPOSED RULES 



(a) In general patient areas, each room shall be served by at least one calling station and each bed shall 
be provided with a call button. Two call buttons serving adjacent beds may be served by one calling 
station. Calls shall register with the floor stall and shall activate a visible signal in the corridor at the 
patient's or resident's door. In multi-corridor nursing units, additional visible signals shaO be installed 
at corridor intersections. In rooms containing two or more calling stations, indicating lights shall be 
provided at each station. Nurses' calling systems which pro\ide two-way voice communication shall 
be equipped with an indicating light at each calling station which lights and remains lighted as long as 
the voice circuit is operating. A nurses' caU emergency button shall be provided for patients' and res- 
idents' use at each patient and resident toilet, bath, and shower room. 

(b) At least one telephone shall be available in each area to which patients are admitted and additional 
telephones or extensions as are necessary to ensure availability in case of need. 

(c) General outdoor ligliting shall be pro\ided adequate to illuminate walkways and drive. 
(4^ 44i(t» k++4- water ' . i ; . 'i tL ' in L ' huU fe^ adequutL' to- pro' i idL * : 

I'utiL - nt 
i\reu;- . 
GalKin^ . pH* hour {*ef tH:?4 ^ -^ 

Miiximuin temperalurL ' degreoo Pr 444 

1 onipL ' ruturo L . hall !+(*(• foil mofe than 4-U dogrL ' ^.". . bi, ' lo' . s (4*e maximum. 

(d) A flow of hot water within safety ranges specitied as follows: 

Patient Areas - 6 ''2 gallons per hour per bed and at a temperature of 100° - 116° F; and 
I^ietar\- .Scr\ices ^ i gallons per hour per bed and at a temperature of 130' - 140° F: and 
Faundr\' .Areas - 4 _^ gallons per hour per bed and at_ a temperature of 130° - 140° F. 

(e) Plumbing systems shall meet the requirements of the North Carolina State Plumbing Code. 

(f) The .Admimstrator shall assure that isolation facilities as appro\ed b\ the Department shall be 
available and used for an\' patient admitted or retamed with a communicable disease. 

Siaiuion- Aulhoritv G.S. 1 31 E- 104. 



Diotarv' 


Laundry 


4 


44-. 


444 


444 



SLBCH.VPTER ^() - LICKNSING OF 
.AMBll.VTORV SLRCIC.M. F.ACILHIF.S 

SECTION .0200 - LICENSING PROCEDURES 

.0205 ITEMIZED CII.\RGES 

(a) The facility sh;ill either present an itemized 
list of charges to all discharged patients or the 
facility shcdl include on patients' bills which are 
not itemized notification of the right to request 
an itemized bill within 30 days of receipt of the 
non-itemized bill. 

(b) If requested, the facility shall present an 
itemized list of charges to each patient, or his re- 
sponsible party. 

(c) The listing shall include, at a minimum, 
those charges incurred in the following senice 
areas: 

(1) Surgery (facility fee); 

(2) Anesthesiolog>'; 

(3) Phannacy; 

(4) LaboratoPi'; 

(5) Radiology; 

(6) Prosthetic and Orthopedic appliances; 



(7) Other professional ser\ices. 
(d) The facUity shall indicate on the initial or 
renewal license application that patient bills are 
itemized, or that each patient or responsible party 
is formally advised of the patient's right to re- 
quest an itemized listing within 30 days of receipt 
of a non-itemized bill. 

Statutory Authority G.S. 131E-9I. 



■k*-k-k-k-k-k-k*-k-k*-kk-k-k-k-k 



1\ otice is hereby gi\'en in accordance with G.S. 
J 508- 1 2 that the Department of Human 
Re.wurce.'i Di\-ision of Medical Assistance intends 
to amend nde{s) cited as JO \CAC 50B .0302 
and .0403. 

1 he proposed effecti\-e date of this action is De- 
cember I, 1991. 



M)l 



6:10 .\ORTH CAROLINA REdlSTER .4ui;iist L\ I99I 



PROPOSED RULES 



1 he public hearing will be conducted at 1 :30 
p.m. on September 16, 1991 at the North Carolina 
Division of Medical Assistance. 19S5 L'mstead 
Drive, Room 297, Raleigh, North Carolina 27603. 

\^ omment Procedures: Written comments con- 
cerning this amendment must be submitted by 
September 16, 1991, to: Division of Medical As- 
sistance, 1985 Umstead Drive, Raleigh, North 
Carolina 27603, ATTN.: Bill Hottel, APA Co- 
ordinator. Oral comments may be presented at 
the hearing. In addition, a fiscal impact statement 
is available upon written request from the same 
address. 

CHAPTER 50 - MEDICAL ASSISTANCE 



condition (including labor and delivery) 
that manifests itself by acute symptoms 
of sufficient severity (including severe 
pain) such that the absence of immediate 
medical attention could result in: 

(A) Placing the patient's health in serious 
jeopardy; or 

(B) Serious impairment to bodily functions; 
or 

(C) Serious dysfunction of any bodily organ 
or part. 

(2) Shall meet all other eligibihty requirements 
for Medicaid. 

Authority G.S. I08A-54: G.S. / SOB- 14 (c J; 42 
C.F.R. 435.402; 42 U.S.C. I396b(v); 8 U.S.C. 
1161: 8 U.S.C. 1255a. 



SI BCHAPTER SOB - ELIGIBILITY 
DETERMINATION 

SECTION .0300 - CONDITIONS FOR 
ELIGIBILITY 

.0302 UNITED STATES CITIZEN 

(a) The services covered by Medicaid for eligi- 
ble clients shall be based on citizenship or alien 
status. 

(b) The following groups who meet all other 
ehgibility criteria shall be ehgible for all Medicaid 
services in the state plan: 

(1) United States citizens; or 

(2) yVliens lawfully admitted for permanent 
residence as described in section 3212.2 of 
the State Medicaid Manual published by 
the United States Health Care I'inancing 
Administration; or 

(3) Aliens who are Permanent Residents Un- 
der Color of Law as designated in section 
3212.4 of the State Medicaid .Manual 
published by the United States Health 
Care Financing Administration; or 

(4) /Vliens granted legal temporary' residence 
status (LTRj under the Immigration and 
Nationality Act (Title 8 U.S.C), and later 
adjusted to legal permanent residence sta- 
tus (LPR) under Title 8 U.S.C, who are: 

(A) Under the age of 18 years of age; or 

(B) Designated by Immigration and 
NaturaHzation Ser%'ices as Cuban Haitian 
entrants, or 

(C) Aged, or 

(D) Blind, or 

(E) Disabled. 

(c) Aliens not identified in Paragraph (b) shall 
be eligible for Medicaid for emergency services if: 

(1) The alien hB% a requires emergency ser- 
vices after the sudden onset of a medical 



SECTION .0400 - BUDGETING PRINCIPALS 

.0403 RESERVE 

(a) The \'alue of resources held by the client 
or by a fmanciaUy responsible person shall be 
considered a\ailable to the cUent in determining 
countable reserve for the budget unit. 

(b) Jointly owned resources shall be counted 
as follows: 

( 1) The value of resources owned jointly with 
a non-financially responsible person who 
is a recipient of another public assistance 
budget unit shall be divided equally be- 
tween the budget units; 

(2) The value of hquid assets and personal 
property owned jointly with a non- 
fmancially responsible person who is not 
a chent of another public assistance 
budget unit shall be available to the 
budget unit member if he can dispose of 
the resource without the consent and par- 
ticipation of the other owner or the other 
owner consents to and, if necessary, par- 
ticipates in the disposal of the resource; 

(3) The client's share of the value of real 
property owned jointly with a non- 
fmancially responsible person who is not 
a member of another public assistance 
budget unit shall be available to the 
budget unit member il~ he can dispose of 
his share of the resource without the con- 
sent and participation of the other owner 
or the other owner consents to and, if 
necessary, participates in the disposal of 
the resource. 

(c) The terms of a separation agreement, di- 
vorce decree, will, deed or other legally binding 
agreement or legaUy binding order shall take 
precedence o\er ownership of resources as stated 
in (a) and (b) of this Rule. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



602 



PROPOSED RULES 



(d) The reserve limit for the budget unit for 
aged, blind or disabled cases shall be determined 
as follows: 

( 1 ) The reserve limit for two persons shall be 
allowed when spouses live together in a 
private living situation or when the couple 
share the same room in long term care; 

(2) Allow the reserve hmit for one person for 
the Community Alternative Program 
(CAP) client with a spouse at home and 
only count the resources that are available 
to the CAP client in determining his 
countable reserve; 

(3) The reserve limit for one person is allowed 
for the client who is in long term care and 
the spouse remains in the home; 

(4) The reserve allowance for one person is 
allowed for the client who is in long term 
care and the spouse is in domiciliary care; 

(5) The reserve limit allowed for a blind or 
disabled minor child who lives with his 
parent or parents or is temporarily absent 
includes the child and the parent or par- 
ents with whom the child lives; 

(6) The reserve limit allowed for a blind or 
disabled dependent child under age 19 
who is in long term care shall include only 
the child if his care and treatment are ex- 
pected to exceed 12 months, as certified 
by the child's physician. 

(e) Countable resources for Family and Chil- 
dren's related cases wiU be determined as follows: 

(1) The resources of a spouse, who is not a 
stepparent, shall be counted m the budget 
unit's reserve allowance if the spouses live 
together or one spouse is temporarily ab- 
sent in long term care and the spouse is 
not a member of another public assistance 
budget unit; 

(2) The resources of a client and a financially 
responsible parent or parents shall be 
counted in the budget unit's reserve Limit 
if the parents hve together or one parent 
is temporarily absent in long term care 
and the parent is not a member of another 
public assistance budget unit; 

(3) The resources of the parent or parents 
shall not be considered if a child under age 
21 requires care and treatment in a med- 
ical institution and his physician certifies 
that the care and treatment are expected 
to exceed 12 months. 

(f) The homesite shall be excluded from 
countable resources when it is the principal place 
of residence for the client. The homesite is de- 
fmed as the house and lot, plus all buildings on 
the lot, in the city or the house and the land the 



house is on, to a maximum of one acre, plus all 
buildings on the acre, in a rural area. 

(1) For all aged, bUnd or disabled cases and 
medically needy families and children re- 
lated cases, in addition to the principal 
place of residence, the homesite shall in- 
clude real property contiguous to the 
home with a tax value of less than twelve 
thousand dollars ($12,000). 

(2) For all aged, blind or disabled cases the 
equity in the homesite shall be excluded 
when the client is in long term care and 
his spouse, minor children or adult disa- 
bled children remain in the home or a 
physician has certified in writing that the 
client win return home within six months 
from the date of entr\' into the hospital 
or long term care facility. 

(g) For categorically needy aged, bHnd or disa- 
bled cases without grandfathered protection, 
nonhome property and personal property that is 
income producing shall be excluded from re- 
sources when the budget unit's equity in the 
property does not exceed six thousand dollars 
($6,000) and the property produces a net annual 
return of at least six percent of the excludable 
equity \alue for each income producing activity. 
(h) For medically needy Families and Children 
cases and medically needy aged, blind or disabled 
cases without grandfathered protection, if the 
client or any member of the budget unit has 
ownership in a probated estate, the value of the 
individual's proportionate share of the countable 
property shall be a countable resource unless the 
property can be excluded as the homesite or as 
income producing property, as stated in (e) and 
(0 of this Rule. 

(i) The equity in non-excluded real property' 
shall be counted toward the reser\'e level of the 
budget unit. 

(j) A motor \ehicle shall be determined an es- 
sential \ehicle as follows: 

(1) For aged, blmd or disabled individuals 
with grandfathered protection, if public 
transportation cannot be used because it 
is not available or because of his physical 
or mental condition and the \ehicle is 
needed to: 

(A) Obtain regular medical treatment, or 

(B) Retain employment, or 

(C) Go shopping if the shopping area is 
more than one-half mile from the client's 
home, or 

(D) Go shopping if the client is responsible 
for shopping and is physically limited 
from walking one-half mile, or 



60i 



6:10 r\'ORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



(E) Transport children to and from school 
and the school is not within reasonable 
walking distance; 
(2) For aged, blind or disabled cases without 
grandfathered protection and medically 
needy Family and Children's related cases, 
a vehicle must be specially equipped for 
use by a handicapped individual, used to 
obtain regular medical treatment, or used 
to retain employment, 
(k) The value of non-excluded motor vehicles 
will be determined by the average wholesale value 
listed in the Red Book. If the vehicle is not listed 
in the Red Book, the value will be determined 
by knowledgeable sources. If the client disagrees 
with the Red Book value he may obtain an ap- 
praisal at his own expense based on Fart 5 - 
Supplemental Security Income Manual. 

(1) The current market value of a remainder 
interest in life estate shall be determined by ap- 
plying the remainder interest percentage from the 
chart in the Medicaid EhgibLlity Manual to the 
tax value of the property. A lower current mar- 
ket value for remainder interest may be estab- 
lished by offering the interest for sale and the 
highest offer received, if any, is less than the value 
determined by application of the values chart to 
the tax value. 

(m) For all aged, blind or disabled cases, up to 
one thousand five hundred dollars ($1,500) may 
be excluded from countable resources for the cli- 
ent and his spouse under the burial exclusion. 
Apply the one thousand five hundred dollar 
($1,500) burial exclusion for each individual sep- 
arately. Only the following resources may be 
excluded and they must be excluded in the fol- 
lowing order: 

(1) Irrevocable pre-need burial contracts, 
burial trusts, or other irrevocable arrange- 
ments established for burial expenses; 

(2) Face value of life insurance policies that 
accrue cash value when the total face 
value of all policies for the budget unit is 
one thousand five hundred dollars 
($1,500) or less and the cash value was not 
counted in reserve; 

(3) Revocable burial contracts or trusts es- 
tablished for burial expenses. Any excess 
remains a countable resource; 

(4) Cash value of life insurance that has been 
designated for burial expenses if the cash 
value was considered in determining 
countable reserve. Any cash value in ex- 
cess of one thousand five hundred dollars 
($1,500) remains a countable resource. 

(n) For all aged, blind or disabled cases and 
medically needy Family and Children's related 



cases, the value of trust funds established for the 
client or for any member of the budget unit is a 
countable resource unless it is determined by the 
courts that the funds are not available for the 
beneficiary of the trust. 

(o) For an institutionalized individual, the 
availabilitv of resources are determined in ac- 
cordance with 42 use. 1396r-5. Resources of 
the community spouse are not counted for the 
institutionalized spouse when: 

(1) Resources of the community spouse can- 
not be determined or cannot be made 
available to the institutionalized spouse 
because the community spouse cannot he 
located; or 

(2) The couple has been continuously sepa- 
rated for 12 months at the time the 
institutionalized spouse enters the mstitu- 
tion. 

Authority G.S. JOSA-54; IOSA-55; 143-127. 1 (d); 
S.L. I9S3. c. 1116: 42 U.S.C. I396r-5; 42 C.F.R. 
435.602; 42 C.F.R. 435.711; 42 C.F.R. 435.712; 
42 C.F.R. 435.734; 42 C.F.R. 435.821; 42 C.F.R. 
435.822; 42 C.F.R. 435.823; 42 C.F.R. 435.845; 
45 C.F.R. 233.20; 45 C.F.R. 233.51; Deficit Re- 
duction Act of 1984 (P.L. 98-369), Section 2373. 



Jyotice is hereby given in accordance with G.S. 
I50B-I2 that the North Carolina Department of 
Human Resources, Division of Economic Oppor- 
tunity intends to amend rule(s) cited as 10 NCAC 
51 F .0101 - .0103, .0202. .030! - .0303, .0401 - 
.0402, .0501 - .0504, .0601. 

1 he proposed effectiye date of this action is De- 
cember 1, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on September 17, 199/ at the Division of 
Economic Opportunity, 2413 Crabtree Boulevard, 
Suite 119, Raleigh, NC 27604. 



Co 



omment Procedures: Comments may be sub- 
mitted in writing or may be presented orally at the 
public hearing. Oral presentations which exceed 
three minutes are requested to have a written copy 
to be filed with the hearing clerk. Further details 
of the proposed tides may be obtained by writing 
or calling: Ms. Edith A. Hubbard, Director, Di- 
vision of Economic Opportunity, 2413 Crabtree 
Bh'd., Stdte 119, Raleigh, NC 27604. Phone No. 
1919) 733-2633. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



604 



PROPOSED RULES 



Eo 



< diior's Sole: These Rules ha\-e been filed as 
temporary amendments effective July 24, 1991 for 
a period of ISO days to expire on January' 20, 
1992. 

CHAPTER 51 - DIVISION OF ECONOMIC 
OPPORTLNITV 

SUBCHAPTER 51 F - EMERGENCY SHELTER 
GRANTS PROGRAM ADMIMSTRATI\ E Rl LES 

SECTION .0100 - GENERAL PROVISIONS 

.0101 PI RPOSE AND OBJECTIVES 

The purpose of the North Carolina Emergency 
Shelter Grants Program (hereinafter referred to 
as '"ESGP") is to assist families and individuals 
who are homeless primarily due to their eco- 
nomic circumstances. Consistent with this pur- 
pose. ESGP funds win assist local govommontp 
private nonprofit organizations in improving the 
quality and a%'ailabiLity of emergency shelters and 
senices for the homeless in their community. 

Authority G.S. 143-323; 143B-10: 143B-2^6: P.L. 
100-628: 24 C.F.R. 5^5 and 576. 

.0102 DEFINITIONS 

The following terms shall apply to the rules of 
this Subchapter: 

(1) "Act" means the Stewart B. McKmney 
Homeless Assistance Act, P.L. 100-77, as 
amended. 

(2) ''Applicant" means a local govommont 
private nonprotit organization which makes 
an application pursuant to the provisions of 
this Subchapter. 

(3) "Department" means the North Carolina 
Department of Economic afi4 Community 
Dovolopmont. Human Resources. 

(4) "ESGP" means the state-administered 
Emergency Shelter Grants Program. 

^ "1 ocal Govommont" m e an - ' , afty «ftri- &f 
gonoral i?itv ef county gC i ommL ' nt m tlw 
stat e . 

(5) f4+ "Recipient" means a local gosommL'nt 
private nonprotit organization that has been 
awarded an E'SGP grant and has executed a 
Grant Agreement with the Department. 

(6) (-^ "Secretary" means the Secretar,' of the 
Department of Economic aft4 Community 
Development I luman Resources or his 
designee. 

(7) (-^ "Shelter" means an indi\idual facility 
with the capacity to provide overnight lodg- 
ing whose purpose is to assist homeless per- 
sons through activities funded under this 
Subchapter. Eor purposes of this program. 



the term ''shelter" excludes substance abuse 
rehabilitation centers. 

(8) (^ "State" means the state of North 
Carolina. 

(44) ' Subrecipiont" moano a nonprofit ^ .e p i 'ico 
providing agency tfert- a recipient contracts 
wrtb te- carp r etrt i ^ i enicef . afi4 acti' i itioo 
funded under A*» Subchapter. 

(9) "Obligated" means the recipient has placed 
orders, awarded contracts, incurred costs, or 
perl'ormed similar transactions that require 
paNment from the ESCjP grant amount. 

(10) "Expended" means purchases have been 
made and dehxenes rccened for goods and 
services to be paid with ESCjP funds. 



(11) "Homeless" - becau ' .ie e4 ih^ length e4" tj»? 
definition, to W aH inclu 'i ive. please refer to 
shall be defined as pro\idcd in histon." note 
24 CER 576.3, which is to be adopted by 
reference under G.S. 15GB- 14(c). 

(12) "Pri\ate nonprofit organization" means a 
secular or relidous organization descnbed in 
section 501(c) of the Internal Re\enue Code 
of 198S which: 



(a) is exempt from taxation under Subtitle A 
of the Code: 

(b) has an accounting s\ stem and a voluntary 
board: and 

(c) practices nondiscrimination in the 
\ision of assistance. 



Section 50 lie) is adopted bv reference under G.S. 
15QB- 14(c). 

.Authority G.S. 143-323: 143B-/0: 24 C.F.R. 
5''6.3: P.L. 100-77. 

.0103 ELIGIBLE APPLICANTS 

Eligible applicants are ali local govenimento. 
pri\ate nonprofit organizations pro\iding assist- 
ance to the homeless. 



.Authority G.S. 143-323: 
5^6.23. ' 



I43B-10: 24 C.F.R. 



SECTION .0200 - ELIGIBLE AND INELIGIBLE 
ACTIMTIES 

.0202 INELIGIBLE ACTIVITIES 

This Subchapter, in accordance with G.S. 
150B-14(cj, adopts by reference as ineligible ac- 
tivities those activities described as such in the 
Act and in 34 G4*r 576.21(c), 24 CER 576.22(a). 
as amended. Copies of these sections of federal 
law and regulation are a\ailabie for public dis- 
tribution from the Department. 

.luthority G.S. 143-323; 143B-10: 150B-14: 24 
C.F.R. 576.22(aj. 



605 



6:10 .\0R TH C.A ROLINA REGIS TER 



.August 15, 1991 



PROPOSED RULES 



SECI ION .0300 - GENERAL REQLIREMENTS 

.0301 APPLICATION REQLIREMENTS 

(a) Local govommonta Private nonprofit organ- 
izations are required to submit applications in a 
manner prescribed by the Department in order 
to be considered for funding. Selection of appli- 
cations for funding will be based primarily on 
information contained in the application, thus 
applications must provido ouffioiont infonnation 
fe* ti«* DL'partmt ' nt k> ovaluat e thorn. 

fb) i ' \pplicanto may apply fof mor e ffeaft »fte 
grant aft4 ^ awarded more than &»» grant, pro 
viding riw* total amount ef funds a' . s'ardod te- a 
singl e shelter does aet- OKCoed the maximum fo*- 
rts determined l»y Ae Department. 

(b) fe^ 1 he Department shall designate specific 
dates for submission of ESGP grant applications. 
Grant application submission dates will be an- 
nounced by the Department a minimum of 20 
days before the date applications are due. 

(c) fd^ Applications must be received by the 
Department administrative offices in Raleigh be- 
fore 5:00 p.m. on the submission date or, if sent 
by mail, must be postmarked on or before the 
submission date. 

(d) (e) The applicant shall certify to the De- 
partment that it wlU comply with aU applicable 
federal and state laws, regulations, rules and 
executive orders. 

(1) Copies of these federal and state docu- 
ments are available for public distribution 
from the Department. 

(2) Notwithstanding the provisions of Para 
graph (4) Paragraph (c) in this Rule, cer- 
tifications of compliance may be 
postmarked to be received by the Depart- 
ment up to two weeks after the date the 
application is due. This provision appUes 
only to certifications. 

(e) (4^ Apphcants must comply with the Act, all 
appUcable federal and state laws, regulations, 
rules, executive orders and guidelines issued by 
the Department. 

Authority G.S. 143-323; 143 B- 10; 24 C.F.R. 

576.81. 

.0302 SIZE OF GRANTS 

(a) Grants are applied for and awarded in efte 
categop/: four categories: Operations, Oper- 
ations- Ser\-ices, Operations/ Homeless Pre- 
vention, and Operations/ Ser\'ices'' Homeless 
Prevention. 

(b) The maximum amount which may be ap- 
plied for m Ae Operations Sep . ices categor> ' shall 
be determined by the Department and depends 



on the size of the shelter on whose behalf the 
application is made. Shelter size shall be deter- 
mined by overnight lodging capacity. 

(c) The minimum grant which may be applied 
for shall be determined by the Department. 

(d) Notwithstanding the provisions of Para- 
graph (b) of this Rule, the Department reserves 
the right to award grants for less than the re- 
quested amount in the event that the total 
amount of funds requested exceeds the total 
amount of funds available; the Department also 
reserves the right to award grants exceeding the 
amount requested if the total amount of funds 
requested is less than the total amount of funds 
available. 

.4uthority G.S. 143-323; I43B-10; 24 C.F.R. 576. 

SECTION .0400 - OPERATIONS/ SERVICES/ 
HOMELESS PREVENTION CATEGORY 



.0401 DEFINITION 

The oporations/'sor i ices operations/ services/ 
homeless prevention category includes those eU- 
gible activities referenced in 24 CFR 576.21(a). 

Authohtv G.S. 143-323; 1 438- 10; 24 C.F.R. 

576.21 (a) (2)(3). 

.0402 ELIGIBILITY REQUIREMENTS 

Applications for ESGP funds must be complete 
and show that: 

(1) The application was duly authorized by the 
local governing body, or that such authori- 
zation is imminent. 

(2) Grant funds will be expended by a shelter 
as defmed in Rule .0102 of this Subchapter. 

(3) Funds will be obligat e d e* expended within 
180 days of the date of the grant award. 

(4) Funds used for the provision of essential 
services and homeless pre\ention: 

(a) Total 30 percent or less, each, of the entire 
Operations Son . icoo grant amount; and 



(b) 



(5) 



Are used to provide either a new servace 
or a quantifiable increase in the level of 
service. 

All federal requirements will be met, in- 
cluding: 

(a) Matching Resources - 24 CFR 576.71; 

(b) Nondiscrimination - 24 CFR 576.79(a). 
(6) The subrocipiont recipient must continue 

operation as an emergency shelter for at least 
one year after the date of the grant award. 

Authority G.S. 143-323; I43B-I0; 24 C.F.R. 576. 

SECTION .0500 - GRANT ADMINISTRATION 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



606 



PROPOSED RULES 



.0501 GRANT AGREEMENT 

(a) Upon appro\'al of the application by the 
Department, a written grant agreement will be 
executed between the recipient and the Depart- 
ment. The rules in this Subchapter, application 
guidelines, subsequent guidelines prepared by the 
Department, the approved application, and any 
subsequent amendments to the appro\'ed appli- 
cation shall become a part of the grant agree- 
ment. 

(b) A copy of the grant agreement in its original 
form along with any and all modifications thereto 
shall be kept on file in the ofhce of the recipient 
in accordance with Rule .0504 of this Section. 

(c) liSGP ESG Program amendments. Recipi- 
ents shall request prior Departmental approval 
for all amendments to the grant agreement when: 

(1) The recipient proposes to change the ap- 
pro\ed project budget amount for any of 
the three tvpes of eligible activities as de- 
scribed in 24 CFR 576.21(a). 

(2) The recipient proposes to distribute all or 
part of its grant (o) CTant to programs, 
shelters, or agencies other than those ori- 
ginally appro\'ed in the application. 

The Department reser\'es the right to disal- 
any proposed amendment to the grant 



with ESGP funds in a manner which provides 
benefit to the homeless in their community. 



(d) 
low 
aareement. 



Authoritv 
576.81. ' 



G.S. 143-323; I43B-I0; 24 C.F.R. 



.0502 METHOD OF ADMINISTR.\TION 

(a) Recipients may delegate to nonprofit r . ub 
rL ' cipit ' iit ' j ha\e the responsibiUty of undertaking 
or carPving out ESGP activities pursuant to 24 
CFR 576.3 and 24 CI-R 576.23. This does not 
prohibit the designation of an administering 
agency. 

(b) The Department shall make payments of 
ESGP funds to recipients on a cost- 
reimbursement or cost-incurred basis. Recipi- 
ents shall request payment of ESGP funds in a 
manner prescribed by the Department. 

(c) ^\11 payments of ESGP funds to recipients 
must be for costs incurred during the period of 
the grant. Recipients \\'\\\ not receive payment 
for costs incurred before the e.xecution of the 
Grant .Agreement. 

.■Uiihority G.S. 143-323: I43B-I0: 24 C.F.R. 5''6. 

.0503 PROPERTY MANAGE.MENT 
STANDARDS 

(a) Property acquired with ESGP grant funds 
shall be used to provide benefits to the homeless. 

(b) Recipients aft4 r i ubrocipionto must use pro- 
ceeds from the disposition of property acquired 



.Authority G.S. 
576.81. ' 



143-323; I43B-I0; 24 C.F.R. 



.0504 RECORDKEEPING 

(a) The Department, or any of the Depart- 
ment's duly authorized representatives, shall have 
access to all books, accounts, records, reports, 
files, audits, and other papers or property of re- 
cipients ef their oubrccipionto and contractors 
pertarning to funds provided under this Sub- 
chapter for the purpose of making sur\'eys, au- 
dits, examinations, excerpts and transcripts. 

(b) ELnancial records, supporting documents 
and all other reports and records required under 
this Subchapter, and all other audits and records 
pertinent to the ESG Program shall be retained 
by the recipient for a period of at least three years 
from the date of the closeout of the program, 
except that records shall be retained until all Uti- 
gations, claims, or audit fmdings involving the 
records have been resolved. 

(c) .All records shall be sufficient to determine 
compliance with the requirements and primary 
objectives of the ESG Program and all other ap- 
plicable laws and regulations. /Ml accounting 
records shall be supported by source documen- 
tation. 



Authority G.S. 
576.87. 



143-323; I43B-I0; 24 C.F.R. 



SECTION .0600 - COMPLIANCE .\ND 
REPORTING REQUIREMENTS 

.0601 COMPLI.\NCE 

Recipients shall ha\e responsibility for ensuring 
that ESGP funds are expended as stated in their 
grant agreement and in corrformance with all ap- 
plicable federal and state laws, regulations, and 
guidelines, rogardlooo ef whether activition aw 
carried »«* hf tl*<» recipient ef a subr e cipi e nt. 
The Department ma\' prescnbe procedures for 
ensuring compliance with the pro\isions of this 
Rule. 



Authoritv G.S. 

576.81. ' 



143-323; I43B-10: 24 C.F.R. 



TITLE 12 - DEP.ART.MENT OF JUSTICE 

1\ otice is hereby gri'en in accordance with G.S. 
150B-12 that the North Carolina Criminal Justice 
Education and Training Standards Commission 
intends to amend rule(sj cited as 12 SCAC 9A 



607 



6:10 i\ORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



.0204; 9B .0201. .0203, .0225, .0401 - .0403; 9C 
.0303, .0308; 9E .0106 - .0/07. 

1 he proposed effective date of this action is 
February I, 1992. 

1 he public hearing will be conducted at 10:00 
a.m. on October 4, 1991 at the Auditorium of the 
Albert Coates Local Government Center, 215 
North Dawson Street, Raleigh, North Carolina 
27602. 

\^ omment Procedures: .Any person interested in 
these Rules may present oral and written com- 
ments relevant to the proposed action at the Public 
Rule-Making Hearing. Written statements not 
presented at the Hearing should be directed to the 
David D. Cashwell. The proposed rules are 
available for public inspection and copies may be 
obtained at the following address: 

Criminal Justice Standards Division 
North Carolina Department of Justice 

1 West Morgan Street 

Room 1 23, Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

CHAPTER 9 - CRIMINAL .11 STICE 
EDLCATION AND TRAINING STANDARDS 

SUBCHAPTER 9A - CRIMINAL JUSTICE 

EDUCATION AND TRAINING STANDARDS 

COMMISSION 

SECTION .0200 - ENFORCEMENT OF RULES 

.0204 SUSPENSION: REVOCATION: OR 
DENIAL OF CERTIFICATION 

(a) The Commission shall revoke the certif- 
ication of a criminal justice officer when the 
Commission finds that the ofiicer has committed 
or been convicted of: 

(1) a felony; or 

(2) a crime for which the authorized punish- 
ment included imprisonment for more 
than two years. 

(b) The Commission may suspend, revoke, or 
deny the certification of a criminal justice officer 
when the Commission finds that the applicant 
for certification or the certified officer: 

(1) has not enrolled in and satisfactorily 
completed the required basic training 
course in its entirety within prescribed 
time periods relevant or applicable to a 
specified position or job title; 

(2) fails to meet or maintain aft¥ one or more 
of the minimum employment standards 
required by 12 NCAC 9B .0100 for the 



category of the officer's certification or 
fails to meet or maintain one or more of 
the minimum training standards required 
by 12 NCAC 9B .0200 or 12 NCAC 9B 
.0400 for the category of the officer's cer- 
tification; 

(3) has committed or been convicted of: 

(A) a crime or unlawful act defmed in 12 
NCAC 9A .0103 as a Class B 
misdemeanor; or 

(B) four or more crimes or unlawful acts 
defined m 12 NCAC 9A .0103 as a Class 
A misdemeanor, each of which occurred 
after the date of initial certification; 

(4) has been discharged by a criminal justice 
agency for commission or conviction of: 

(A) a motor vehicle offense requiring the 
revocation of the officer's driver's License; 
or 

(B) any other offense involving moral 
turpitude; 

(5) has been discharged by a criminal justice 
agency because the officer lacks the men- 
tal or physical capabilities to properly ful- 
fill the responsibilities of a criminal justice 
officer; 

(6) has knowingly made a material misrepre- 
sentation of any information required for 
certification or accreditation; 

(7) has knowingly and willfully, by any 
means of false pretense, deception, 
defraudation, misrepresentation or cheat- 
ing whatsoever, obtained or attempted to 
obtain credit, training or certification from 
the Commission; 

(8) has knowingly and willfully, by an means 
of false pretense, deception, defraudation, 
misrepresentation or cheating whatsoever, 
aided another person in obtaining or at- 
tempting to obtain credit, training or cer- 
tification from the Commission; 

(9) has failed to make either of the notifica- 
tions as required by 12 NCAC 9B 
.0101(7); 

(10) has been removed from office by decree 
of the Superior Court in accord with the 
provisions of G.S. 128-16; 

(11) fails to satisfactorily complete the mini- 
mum in-ser\ice training requirements as 
prescribed in 12 NCAC 9E; 

(12) has refused to submit to an applicant or 
lateral transferee drug screen as required 
by these Rules; or 

(13) has produced a positive result on a drug 
screen reported to the Commission as 
specified m 12 NCAC 9C .0310, where the 
positive result cannot be explained to the 
Commission's satisfaction. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



60S 



PROPOSED RULES 



(c) I-oUowing suspension, revocation, or denial 
of the person's certification, the person may not 
remain emplo)'ed or appointed as a criminal jus- 
tice officer and the person may not exercise any 
authority of a criminal justice officer during a 
period for which the person's certification is sus- 
pended, re\'oked, or denied. 

Statutory Authority G.S. 17C-6: I7C-I0. 

SL BCFl.VPTKR 9B - STANDARDS FOR 

CRIMINAL .11 S riCF. EMPLOYMENT: 

EDLCATION: AND IRAINING 

SECTION .0200 - MINIMUM STANDARDS FOR 

CRIMINAL JUSTICE SCHOOLS .\ND 

CRIMINAL JUSTICE TRAINING PROGRAMS 

OR COURSES OF INSTRUCTION 

.0201 ADMINISIRATION OF CRIMINAL 
JUSTICE SCHOOLS 

(a) The executive officer or officers of the in- 
stitution or agency sponsoring any criminal jus- 
tice training program or course of instruction 
shaD have primar,' responsibility for implemen- 
tation of these Rules and standards and for ad- 
ministration of the school. The executive officer 
or officers of the institution or agency shall secure 
School Accreditation pursuant to 12 NCAC 9C 
.0401 prior to offering any criminal justice train- 
ing course. 

(b) The executive officers shall designate a one 
compensated staff member who is formally certi- 
fied by the Commission under Section .0500 of 
this Subchapter to be the criminal justice school 
director. The school director shall have admin- 
istrative responsibility for planning, scheduling, 
presenting, coordinating, reporting, and generally 
managing each sponsored accredited criminal 
justice training course. 

(c) The executive officers shall permanently 
maintain records of all criminal justice training 
courses sponsored or delivered by the school, re- 
flecting: 

(1 ) course title; 

(2) deU\er\' hours of course; 

(3) course deUverv' dates; 

(4) names and addresses of instructors utilized 
within designated subject-matter areas; 
and 

(5) a roster of enrolled trainees, showing class 
attendance and designating whether each 
trainee's course participation was success- 
ful or unsuccessful; 

(6) copies of all rules, regulations and guide- 
Unes developed by the school director; 

(7) documentation of any changes in the ini- 
tial course outline, including substitution 
of instructors; and 



(8) documentation of make-up work achieved 
by each individual trainee, including test 
scores and methods. 

(d) The executive officers of the institution or 
agency sponsoring any criminal justice training 
program or course of instruction shall; 

( 1 ) acquire and allocate sufficient financial re- 
sources to provide commission certified 
instructors and to meet other necessary 
program expenses; 

(2) provide adequate secretarial, clerical, and 
other supportive staff assistance as re- 
quired by the school director; 

(3) provide or make available suitable facili- 
ties, equipment, materials, and supplies 
for comprehensive and qualitative course 
delivery, specifically including the follow- 
ing; 

(A) a comfortable, well-lighted and venti- 
lated classroom with a seating capacity 
sufficient to accommodate all attending 
trainees; 

(B) audio-visual equipment and other in- 
structional devices and aids necessary and 
beneficial to the delivery of effective 
training; 

(C) a library for trainees' use covering the 
subject-matter areas relevant to the train- 
ing course, maintained in current status 
and ha\ing sufficient copies for conven- 
ient trainee access; 

(D) where required by course content, pro- 
vide or make available facilities, equip- 
ment, and supplies to provide training in 
physical and motor-skiU exercises such as 
defensive tactics, firearms qualification, 
and pursuit defensive drivmg. 

(e) The sponsoring institution, unless it is an 
agency or department accredited by the Com- 
mission to provide basic training to its own per- 
sonnel, e* » a» t ' duccitional inf . titution authoni^od 
t»y Ai* CommiLioion te- incor^ioruto baiac cnminal 
justice training m a dogrec awarding academic 
program, is not required to assume the costs of 
pro\'iding the following specified equipment and 
supplies for trainee use during course dehver\': 

(1) frrearms (handgun and shotgun), 

(2) firearm ammunition (practice and qualify- 
ing), 

(3) motor vehicle, 

(4) pohce baton, 

(5) gas mask, 

(6) handcuffs, or 

(7) radar, radar and time-distance or time- 
distance speed measurement instruments. 

(f) The school rules may require the employing 
agency or department to make the equipment 
and supplies listed m Paragraph (ej of this Rule 



609 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



available at the appropriate scheduled time dur- 
ing course delivery' for the use of its own trainee 
officers. 

Statutory Authority G. S. I7C-6. 

.0203 ADMISSION OF TRAINEES 

(a) The school may not admit any individual 
younger than 20 years of age as a trainee in any 
non-academic basic criminal justice training 
course without the prior written approval of the 
Director of the Standards Division. 

(b) The school shall give priority admission in 
accredited criminal justice training courses to in- 
dividuals holding full-time emplo\ment with 
criminal justice agencies. 

(c) The school may not admit any individual 
as a trainee in a presentation of the "Criminal 
Justice Instructor Training Course" who does 
not meet the minimum education and experience 
requirements for instructor certification under 
Rule .0302(1) of this Subchapter. 

(d) The school shall administer the reading 
component of a standardized test which reports 
a grade le\'cl. The spccitic t\pe of test instrument 

shall be dctcnnincd by the school director and Statutory Authority G. S. I7C-6; I7C-I0. 

.0225 B.\SIC TRAINING - LOCAL CONFINEMENT PERSONNEL 

fa^ Tfee baaio training couroo f&f local oonfinLJmL'nt facility poreonnel shall consist »f a minimum »f 
SO houro ef instruction presontud during a single offering ei the jailer cours e proscribed ia M \Ci\C 
4-©T as amended November 4-r 1QS5, by Ae North Carolina Sheriff's l'"ducation »f^ Training Standards 
Commission. 

(a) The basic training course for local confinement facility personnel consists of instruction designed 
to pro\ide the trainee with the skills and knowledge to pcri'orm those tasks essential to function as an 
officer. superMsor or administrator of a local confinement facility. 

(b) rhe basic training course for local confmcment facility personnel shall include as a minimum the 
following identified topic areas and minimum instructional hours for each area: 



shall be administered no later than bv the end of 
the first two weeks of a presentation of the "Basic 
Recruit draining -_^ Law Enforcement" course. 
The grade level results on each trainee shaU be 
submitted to the Commission as an attachment 
to the Post-deliver\' Report of Training Course 
Presentation (Form F-lOB). 
(e) (4) The school shall not admit any individ- 
ual as a trainee in a presentation of the "Basic 
Recruit Training -- Law Enforcement" course 
unless a prerequisite the individual has provided 
to the certified school director a Medical Exam- 
ination Report Form in compliance with 12 
NCAC 9B .0104, properly completed by a phy- 
sician licensed to practice medicine in North 
Carolina; however, the Director of the Standards 
Division is authorized to grant an exception to 
this requirement where the school director can 
document exceptional or emergency circum- 
stances. The .Medical Examination Report Form 
required by the North Carolina Sheriffs Educa- 
tion and Training Standards Commission shall 
be recognized by the Commission for the pur- 
pose of complying with this Rule. 



f+) Orientation Pretest 

(5^ Gi¥41 liability » the Jail- 

(4^ I e gal Rights aft4 Responsibilities Within 

4+e CoiTections F'n>ironinent 
{Aj Processing himates: Booking, Intak e , 
Classification aft4 Release Procedures 
f^ Transportation ef Inmates 
f4^ Introduction t« the Minimum Standards 
fep the Op e ration ©f Local Conlinement 
Facilities m Noilh Carolina 
{p^ i4ey aft4 Tool Control 
fS^ Medical Care m the JaiJ 
fi) Patrol aft4 Em e rgency Procedures 
f4-CH Suicide m t4%e Jath- Detection aft4 

Pre' . ention 
(44) SupeP i ision ef Inmates 
f45) Psychological Disorders: Psychotic 

afi4 Neurotic I'ersonality 
f44) Contraband Searches 
f44) Handling Emergencies (Fire) 



4Hew 
2 Hours 

44 Hours 

% Hours 
4 Hours 



3 Hours 

4H€Hif 

^ Houro 
^ Hours 

^He«fs 
^ Hours 

4 Hours 
6 Hours 
% Hours 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



610 



PROPOSED RULES 



f4^ GPft 



44 Houro 
^ Hours 



\oto: I ocal oonrin e m e nt facility por ' jonnol ' ■ ' t ho afe curronlly cortifiod m CPR (Cardiopulnionar> R-»- 
cur . citulion i *t- A^ tunc trf cnroUmont » tl«» jaiJgr cour!: . e shall be exempt from 4*e (PR block »f ifi- 
structioii i+H4 ; . ub '' L'quent CPR examination. 



Lii 

Lll 
iil 
<il 
l^i 
Hi 
(^ 
t2i 

(10) 

Oil 

(12) 
(13) 
Oil 

(15) 
(16) 
(17) 
(IS) 

Llil 
(20) 



Ph\sical Assessment 

Contraband Searches 

Patrol and ImcriJencv Procedures 

Processing; Inmates 

Key and Pool Control 

Medical Issues in L ocal I ockups 

Inamied Self- Defense 

1 ire rnier^encies 



1 enal Rights and Responsibilities 

Ci\il Liabihtv 

Disciplinar\' Procedures 

Suicides and 1 ocal Confinement Facihties 

introduction to Rules and Regulations 

Role of the Jailer in Super^^lSlon. 

Communication and Cnsis Management 

Criminal Justice System 

Homosexualit\" 

Transportation 

Special I'opulations 

TestitMng m Court 

Cnmmal ln\estieation 

Wntten Communication 

Standard Pirst Aid 



4 Hours 
6 Hours 

3 Hours 

4 Hours 

1 Hour 

11 Hours 
18 Hours 
16 Hours 

12 Hours 

2 Hours 
2 Hours 
4 Hours 

2 Hours 

4 Hours 
1 Hour 
1 Hour 

4 Hours 

5 Hours 

4 Hours 

3 Hours 
3 Hours 

5 Hours 



Total 



18 Hours 



(c) I ocal confinement facilitN' personnel that are also certified law enforcement officers shall be ex- 
empt from the following blocks of instruction: Special Populations. lestilMng m Cc^urt, Criminal In- 
\estigation and Wntten Commurucation. Certified law enlorcement otficers who are currenth certified 
in CPR ( Cardiopulmon:ir\ Resuscitation) at the time of enrollment in the "Basic lYainmg ^i 1 ocaJ 
Confinement Personnel" course shall be exempt from the CPR block of instruction. All trainees will 
be rccjuired Xo_ lake the entire State Comprehensi\e Pxamination at the conclusion of the course. 



Statuioiy Auihority G.S. rC-2; 17C-6: HC-IO. 

SFXTION .0400 - MIMMIM STANDARDS FOR 
COMIM KTION OF TRAINING 

.0401 TIMF KEQl IREMENT FOR 

COMPLETION OF TRAINING 

(a) Each criminal justice officer, with the ex- 
ception of law enforcement otficers, holding 
tL ^ mporap . ef probationar>" certification shaJl sat- 
isfactorily complete a commission-accredited 
basic training course which includes training ia 
the skills and knowledge necessary to peribrm the 
duties of his oftice. The officer shall complete 
such course within one year from the date of his 
original appointment as determined by the date 
of the temporapy ef probationary certification. 



(b) Each law enforcement officer, except alco- 
hol law enforcement agents and wildlife enforce- 
ment officers, shall have satisfactorily completed 
in its entirety the accredited basic training course 
as prescnbed in 12 NCAC QB .0203(b) prior to 
obtaining probationary certification. 

fe) Each alcohol l*v¥ enforcomont agent hold 
ifts temporap i ' »* probationap i certification j ' hall, 
H+ addition t€f ha' i ing L i utuJactonly complet e d A<» 
pre sen icij basic training cours i* as proscribed i» 
44 NCAC Oft ■0205(b) m- having sati '. factonly 
completed t4+e» fert- eleven weeks t+f (4+<* Basic 
Trainina: iMcohol I aw Enforcement i\gent's 



course stipulated i» 4^ NCAC ^ .0217(b) 
isfactorily complete » rt* entirety t4i<? accredited 



611 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



baiiic training oourso as proocribod m +3 NCAC 
^ .0317(b). Tfee agont shall complet e such 
couroo within eft# yeap from A» tfete &f his »«- 
ginal appointment as dotorminod by ifee date ef 
tbe tomporor)' ©f probationary' cortiTioation. 

(c) Each alcohol law enforcement agent shall 
have satisfactorily completed the llrst 1 1 weeks 
of the Basic Training: Alcohol Law Enforce- 
ment Agents' course stipulated in j_2 NCAC 9B 
■0217(b) prior to obtaining probationary certif- 
ication, rhe agent shall satisfactorily complete 
such course in its entirety within one year from 
the date of his original appointment as deter- 
mined by the date of the probationary' certif- 
ication. 

(d) Each wildlife enforcement officer shall have 
satisfactorily completed in its entirety the Basic 
Training -__ Wildlife Enforcement Oft'icers' course 
stipulated in 12 NCAC 9B .022S(b) prior to ob- 
taining probationary certification. 

(e) f4| If a law onforcomont offioor oomplotud 
trainee completes the basic training course prior 
to being employed as a law enforcement officer, 
the offioor trainee shall be sworn duly appointed 
and sworn as a law enforcement officer within 
one year of the completion of training for that 
basic training course to be recognized under these 
Rules. This one year period shall begin with the 
successful completion of the State Comprehen- 
sive Examination. 

(f) fe^ If local confinement personnel complete 
basic training prior to being employed by a facil- 
ity in a position which requires certification, such 



persoimel shall be duly appointed to a local 
confinement facility position within one year of 
the completion of training for that basic training 
course to be recognized under these Rules. This 
one year period shall begin with the successful 
completion of the State Comprehensive Exam- 
ination. 

Statutory Authority G. S. I7C-2; I7C-6; I7C-I0. 

.0402 WAIVER OF COMPLETION OF 
TRAIMNG 

(a) The Commission may waive an officer's 
completion of the commission-accredited train- 
ing course upon receiving documentary evidence 
from the employing department that the officer 
has satisfactorily completed equivalent training. 
All such officers, however, shall serve a one year 
period of probation. 

(b) Training received in states with laws gov- 
erning or regulating criminal justice officer train- 
ing shall, if subject to such review, have been 
approved or certified by the appropriate agency 
of the state in which the training was received. 

(c) The Commission may prescribe as a con- 
dition of certification supplementary' or remedial 
training deemed necessary to equate previous 
training with current standards. 

(d) The Commission may shall require satis- 
factory' performance on a commission approved 
written examination as proof of equivalent train- 
ing. 

Statutory Authority G.S. I7C-6; I7C-I0. 



.0403 EVALLATION FOR TRAINING WAIV ER 

(a) The division staff shall evaluate each law enforcement officer's training and experience to deter- 
mine if equivalent training has been satisfactorily completed as specified in Rule .0402(a). Applicants 
for certification with prior law enforcement experience shall have been employed in a fuU-time, sworn 
law enforcement position in order to be considered for training evaluation under this Rule. Applicants 
for certification with a combination of fuU-time and part-time experience shall be evaluated on the basis 
of the full-time experience only. The following criteria shall be used by division staff in evaluating a 
law enforcement officer's training and experience to determine ehgibility for a waiver of training re- 
quirements: 

(1) Persons having completed a commission-accredited basic training program and not having been 
duly appointed as a sworn law enforcement officer within one year of completion of the program 
shall complete a subsequent commission-accredited basic training program in its entirety and 
successfully pass the State Comprehensive Examination prior to obtaining probationary' law 
enforcement certification. 

f3) Porr i ono who coparatod from taw onforcomont e mployment during their probationar i ' period aft4 
who havo been ooparatod from a sworn law enforcement position fof more than ene yeaf ohaU 
complete a subsequent basic training program m it* entirety prior to obtaining another 
probationary certification. 

(2) (4^ Out-of-state transferees shall be evaluated to determine the amount and quality of their 
training and experience. Out-of-state transferees cannot have a break in service exceeding one 
year. At a minimum, out-of-state transferees shall have two years' fuU-timc, sworn law 
enforcement experience and have successfuUy completed a basic law enforcement training course 
accredited by the State from which transferring. Prior to employment as a certified law 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



612 



PROPOSED RULES 



enforcement officer, out-of-state transferees must successfuUv complete the employing agency's 
in-sen.ice firearms training and qualification program as prescribed m J_2 NCAC 9t: .OlOO. At 
a minimum, out-of-state transferees shall successfully complete a commission-accredited training 
program which includes the following enumerated topics of North Carolina law and procedure 
and shall successfully pass the State Comprehensive Examination in its entirety within the 12 
month probationar.' period, a* proGcribud » 4-3 NCi\C W .0 10 1(b). 

Laws of /Vrrest, Search and Seizure 16 Hours 

Elements of Criminal Law 24 Hours 

Juvenile Laws and Procedures 8 Hours 

Controlled Substances 6 Hours 

ABC Laws and Procedures 4 Hours 

Motor Vehicle Laws 20 Hours 
Fir L' arms Qualifications (Handgun <fe 
Shotgun Courojo) 



Total 78 Hours 

(3) f44 Persons who have completed a minimum 369-hour basic law enforcement training program 
accredited by the North Carohna Criminal Justice Education and Training Standards Commis- 
sion under guidelmes administered beginning October 1, 1984 and have been separated from a 
sworn position for over one year but less than three years who have had a minimum of two 
years' experience as a fuU-time, swom law enforcement officer in North Carolina shall success- 
fuUy complete the refresher training enumerated in Rule .0403(a)(3) and shall successfully pass 
the State Comprehensive Examination in its entirety within the 12 month probationary period, 
a* pr i jf . cribc>d i» 44 NCAC ^ .0 . 101(b). Prior to employment as a certified law eniorcement 
officer, these persons shall successfuUv complete the emplovmg agency's in-ser\ice lire arms 
training and qualification program as prescnbed in _12 NCAC' 9E .0100. 

(4) i^ Persons out of the law enforcement profession for over one year but less than three years 
who have had less than two years' experience as a fuU-time, swom law enforcement oflicer in 
North Carohna shall complete a commission-accredited basic training program in its entirety 
and successfully pass the State Comprehensive Examination. 

(5} (4) Persons out of the law enforcement profession for over three years regardless of prior training 
or experience shaU complete a commission-accredited basic training program in its entirety and 
shall successfuU\' pass the State Comprehensive Examination. 

f5^ Por - jonr . hul l ing comploted a commi ' j ' ->ion accroditod biuiio training program aH4 ho4- has ing boon 
duly Lippuintod a* a f . wom k*vr e nibrc i^ m tf nt offic 'e r ' ■ ' l ithui t*fw vt^af »f completion b( Ae baoio 
training program shall oomploto a oubsoquont commif i sion aocroditod basic training program m 
i^ ontiroty aft4 sucoossfuUv pa** t4+e Stato Comprohonsi' i o Examination. 

(6) {^ Persons who separated from law eniorcement employment dunng their probationary' period 
after having completed a commission-accredited basic training program and who have separated 
from a swom law enforcement position for more than one year shall complete a subsequent 
commission-accredited basic training program m its entirety and successfully pass the State 
Comprehensive Examination. 

(7) {iij Persons who separated from a swom law enforcement position during their probationar,' 
period after having successfully completed a commission-accredited basic training program and 
who have separated from a swom law enforcement position for less than one year shall serye a 
new 12 month probationary period, but need not complete an additional training program. 

(8) f44) Persons who have completed a minimum 160-hour basic law enforcement training program 
accredited by the North Carolina Cm-ninal Justice Training and Standards Council under 
guidelines administered beginning on July 1, 1973 and continuing through September 30, 1978 
and who have separated from a swom law enforcement position for over one year but less than 
two years shall be required to complete the follow ing portions of a commission-accredited basic 
training program and successfully pass the State Comprehensive Examination within the 12 
month probationar.' period, a^i proscribod m 4-3 NCj\C Wi .0 101(b). Prior to employment as 
a certilled law enforcement officer, these persons shall successfully complete the cniploving 



613 6:10 SORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



agency's in-service firearms training and qualification program as prescribed in J_2 NCAC 9E 

.0100. 



Laws of Arrest, Search and Seizure 
Elements of Criminal Law 
Juvenile Laws and Procedures 
Controlled Substances 
ABC Laws and Procedures 
Motor Vehicle Laws 
Law Enforcement Driver Training 
FirQarms Qualification (Handgun fe 
Shotgun Courses) 



16 Hours 


24 Hours 


8 Hours 


6 Hours 


4 Hours 


20 Hours 


16 Hours 



Total 94 Hours 

(9) (44^ Persons who have completed a minimum 160-hour basic law enforcement training program 
accredited by the North Carohna Criminal Justice Training and Standards Council under 
guidelines administered beginning on July 1, 1973 and continuing through September 30, 1978 
and have been separated from a sworn law enforcement position for over two years shall be re- 
quired to complete a current commission-accredited basic training program in its entirety re- 
gardless of training and experience and shall successfully pass the State Comprehensive 
Examination. 
(10) (4-3) Persons who have completed a minimum 240-hour basic law enforcement training program 
accredited by the North Carolina Criminal Justice Education and Training Standards Commis- 
sion under guidelines administered beginning October 1, 1978 and continuing through Septem- 
ber 30, 1984 and have been separated from a sworn position over one year but less than three 
years shall be required to complete the following portions of a commission-accredited basic 
training program and successfully pass the State Comprehensive Examination within the 12 
month probationary period, a* procoribod ift -1-3 NCAC iife .0401(b). Prior to employment as 
a certified law enforcement officer, these persons shall successfully complete the employing 
agency's in-service firearms training and quahfication program as prescribed in \2 NCAC 9E 
.0100. 

Laws of Arrest, Search and Seizure 16 Hours 

Elements of Criminal Law 24 Hours 

Juvenile Laws and Procedures 8 Hours 

Controlled Substances 6 Hours 

ABC Laws and Procedures 4 Hours 

Motor Vehicle I^ws ' 20 Hours 
Eir e arms Qualifications (Handgun & 
Shotgun Courses) 



Total 78 Hours 

f4-^ Persons \\\\o have completed a minimum 210 hour basic law enforcement training program 
aocroditod by Ae North Carolina Criminal Justice Education aH4 Training Standards Commio 
sieft under guidelines administered beginning Octob e r 4t 1978 aft4 continuing tlirough Septem 
bef :^ 198 ' 1 aft4 hav e been separated from a sworn position over three years shall be required 
te complete a curr e nt commission accredited basic training program m it* entirety regardless ef 
prior training aB4 experience aft4 shall successfully pass A# State Comprehensive Examination. 

(1 1) f44) Persons previously holding law enforcement certification in accordance with G.S. 17C- 10(a) 
who have been separated from a sworn law enforcement position for over one year and who 
have not previously completed a minimum 160 hour basic law enforcement training program 
accredited by either the North Carolina Criminal Justice Training and Standards Council or 
under guidelines administered b e ginning »» J«l¥ -K 1973 aft4 continuing througli September ^Or 
1978 »f have net- pr e ' i 'iously completed a minimum 210 hour basic law enforcement training 
program accredited by the North Carolina Criminal Justice Education and Training Standards 
Commission under guidelines administered beginning »» October +7 1978 aft4 continuing 



6:10 NORTH CAROLINA REGISTER August 15, 1991 614 



PROPOSED RULES 



through Suptc^mber 3^ 19 8' 1 shall be required to complete a commission-accredited basic train- 
ing program in its entirety and shall successfully pass the State Comprehensive Examination 
prior to employment. 
( 1 2 1 f4-?-^ Persons uho have completed training as a federal law enforcement officer and are appointed 
as a sworn law enlbrcement otTicer in North Carolina shall be required to complete a 
commission-accredited basic training program in its entirety and shall successfuUy pass the State 
Comprehensive Examination. 

(13) f-l-^ Applicants with part-tm:ie experience who have a break m ser\'ice in excess of one year shall 
oor . a sevr probationary period »* prc": . cnb e d m 45 NC;\C ^ .0 101(b) aft4 ohall complete a 
commission-accredited basic trainmg program in its entirety and C i hull successfully pass the State 
Comprehensive E.xamination prior to emplovment. 

(14) (-4^ Applicants who hold or previously held certification issued by the North Carolina Sheriffs' 
Education and Traming Standards Commission shall be subject to evaluation of their prior 
training and experience on an individual basis. The division staff shall determine the amount 
of training required of these applicants. 

(15) (4-&^ Alcohol law enforcement agents \>.'ho separate from employment with the Division of M- 
cohol Law Enforcement and transfer to another law enforcement agency in a sworn capacity 
shall be subject to evaluation of their pnor trainmg and experience on an individual basis. The 
di\ision staff shall determine the amount of training required of these applicants. 

( 16) (44^ Wildlife enforcement otTicers who separate from employment with the Wildlife Enforcement 
Division and transfer to another law enforcement agency in a sworn capacity shall be subject to 
evaluation of their prior training and exp>erience on an indi\'idual basis. The division staff shall 
determine the amount of training required of these applicants. 

(b) In those instances not specifically incorporated within this Section or where an evaluation of the 
appUcant s prior training and experience determines that required attendance in the entire "Basic Re- 
cruit Training— Law Enforcement" course would be impractical, the Director of the Standards Division 
is authorized to exercise his discretion in determining the amount of training those persons shall com- 
plete during their probationarv' period. 

(c) The following critena shall be used by division staff in evaluating prior training and experience 
of local confinement personnel to determine eligibility for a waiver of training requirements: 

(1) Persons who hold probationars'. general or grandfather certification as local confmement per- 
sonnel and separate after having completed a commission-accredited course as prescribed in 12 
NCAC 9B .0224 or .0225 and have been separated for more than one year shall complete a 
subsequent commission-accredited training course in its entirety and successfully pass the State 
Comprehensive E.xamination during the probationarv period as prescribed in 9B .0401(a). 

(2) Persons who separated from a local confinement personnel position after having completed a 
commission-accredited course as prescribed in 12 NCAC 9B .0224 or .0225 and who have been 
separated for less than one year shall serve a new 12 month probationary period, but need not 
complete an additional training program. 

(3) Apphcants who hold or previously held "Jailer Certification" issued by the North Carolma 
Sheriff's Education and Training Standards Commission shall be subject to evaluation of their 
prior training and experience on an individual basis. WTiere the applicant properly obtained 
certification and successfully completed the required 120 hour training course, and has not had 
a break in ser\ ice in excess of one year, no additional training wUl be required. 

(4) Persons holding certification for local confmement facilities who transfer to a district or county 
confinement facility shall satisfactorily complete the course for distnct and county confmement 
facility personnel, as adopted by reference in 12 NCAC 9B .0224. in its entirety and successfully 
pass the State Comprehensive Examination during the probationarv penod as prescribed in 9B 
.0401(a). 

Statutory Authority G.S. rC-2; nC-6: I7C-I0. 

.0303 PROBATION.VRV CERTIFICATION 
SL BCIIAPTER 9C - ADMINISTRATION OF (a) Before a prospective cnmmal justice officer 

CRIMINAL JLSTICE EDUCATION .\ND ^nav be administered the oath of office, exercise 

TRAINING STANDARDS ,, " r- , , 

the power oi arrest, or commence active service 

SECTION .0300 - CERTIFICATION OF ^^ ^^ officer, the employing agency shall have in 

CRIMIN.VL JLSTICE OFFICERS its possession the person's Probationarv' Certif- 

ication. 



615 6:10 SORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



(b) The Commission shall certify as a 
probationary officer a person meeting the mini- 
mum standards for criminal justice employment 
when the person's employing agency submits a 
completed Report of Appointment to the Stand- 
ards Division. 

(1) The Standards Division shall issue the 
person's Probationary Certification to the 
employing agency. 

(2) If an oath is required, the official admin- 
istering an oath of office to the person 
shall be presented the person's 
Probationary Certification prior to the 
swearing. The administering official shall 
sign and date the oath on the 
Probationary Certification. The employ- 
ing agency shall return a copy of the 
signed Probationary Certification to the 
Standards Division within 10 days of the 
administration of the officer's oath. 

(3) If no oath is required, the officer's depart- 
ment head shall endorse the Probationary 
Certification and enter the date on which 
the officer's service commenced, returning 
a copy of the certification to the Standards 
Division within 10 days of the com- 
mencement of the officer's service. 

(c) The officer's Probationary Certffication 
shall remain valid for one year from the date the 
certification is issued by the Standards Division 
unless sooner terminated for cause. 

(d) Before a prospective law enforcement offi- 
cer, except alcohol law enforcement agents and 
wildlife enforcement officers, appointod by the 
Socrotary e4 Crim e Control aft4 PubUo Saf e ty as 
Quthoriaod undor G e neral Statut e s 18B 500, can 
be issued a probationar y ' c e rtification, 
Probationary Certification, the prospective offi- 
cer must have successfully completed the re- 
quired basic training course stipulated in 12 
NCAC 9B .0205(b). 

(e) Before a prospective alcohol law enforce- 
ment agent can be issued a probationary cortif 
ication. Probationary Certification, the 
prospective otTicer must have oucoBssfully com 
plotod the roquirod basic training oouroo otipu 
kt4e4 m « NCAC 9^ .0205(b) ©f must have 
successfully completed the first eleven weeks of 
the Basic Training: Alcohol L^vv Enforcement 
Agent's course stipulated in 12 NCAC 9B 
.0217(b). 

(f) Before a prospective wildlife enforcement 
officer can be issued a Probationary Certification, 
the prospective officer must have successfully 
completed the required basic trairung course 
stipulated m 12 NCAC 9B .0228(b). 

(g) f4^ An applicant for certification who holds 
a valid Probationary Certification issued by the 



North Carolina Sheriffs' Education and Training 
Standards Commission shall be certified as a 
probationary law enforcement officer as specified 
under Paragraphs (b), (c) and (d) of this Rule. 

(h) (g) Where the local governing authority 
lawfully declares the existence of a public emer- 
gency, the department head of the criminal jus- 
tice agency of the jurisdiction may swear persons 
as law enforcement officers without first obtain- 
ing probationaP )' c e rtification Probationary Cer- 
tification for those officers. The employing 
agency shall obtain probationary' cortffication 
Probationary Certification for such emergency 
officers not more than 20 days after the adminis- 
tration of their oath of office. 

Statutory Authority G.S. I7C-6; I7C-I0. 

.0308 INSTRUMENT OPERATORS 
CERTIFICATION PROGRAM 

(a) Certification shall be issued in one of the 
following categories; 

(1) radar operator certification or re- 
certification requiring successful com- 
pletion of the training program as required 
in 12 NCAC 9B .0210, .0211, .0212, 
.0213, .0218, .0219, .0220, or .0221; 

(2) radar and time-distance speed measure- 
ment instrument operator certification or 
re-certification requiring successful com- 
pletion of the training program as required 
in 12 NCAC 9B .0211, .0213, .0219, or 
.0221; 

(3) time-distance speed measurement instru- 
ment operator certification or re- 
certification requiring successful 
completion of the training program as re- 
quired in 12 NCAC 9B .0211, .0213, 
.0214, .0219, .0221, or .0222. 

(b) Certification in either category will reflect 
operational proficiency in the designated type(s) 
of approved equipment for which the trainee has 
been examined and tested. Such certification 
shall be for a two year period from the date of 
issue and re-certifications shall be for a three year 
period from the date of issue, unless sooner ter- 
minated by the Commission. However, if re- 
testing on the motor-skill area is necessary, 
re-certification shall be for a two year period 
from the date of issue, unless sooner terminated 
by the Commission. At a minimum, the appli- 
cant shall meet the following requirements for 
operator certification or re-certification upon the 
presentation of documentary evidence showing 
that the applicant: 

(1) has successfully completed the training 
program as required in 12 NCAC 9B 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



616 



PROPOSED RULES 



.0210, .0211, .0212, .0213, .0214, .0218, 
.0219, .0220, .0221, or .0222; and 

(2) has successfully completed a commission- 
accredited basic law enforcement training 
course as required in 12 NCAC 9B .0400 
and is currently certified in a probationary 
status or holds general law enforcement 
certihcation; or 

(3) if the applicant is a sheriff, deputy sheriff, 
or other sworn appointee with arrest au- 
thority governed by the provisions of 
Chapter 17E of the Cieneral Statutes, has 
met and is in total compliance with the 
then current employment and training 
standards as established and made effec- 
tive for such position by the North 
Carolina Sheriffs' Education and Training 
Standards Commission. 

(c) Certified operators shall be notified by the 
Commission not less than 90 days prior to e.\pi- 
ration of certification. All applicants for re- 
certification shall successfully complete a 
commission-appro\ed re-certillcation course 
within 12 months from the expiration of the 
previous certification. couran btri- »«+ L . oonor 
than 4^4 month ' .i prior te- y*e oxpiration (4 the 
prc i iouii coilifioulion. If re-certification is not 
obtained within the 12 month period, successful 
completion of the appropriate operator training 
programs as required by 12 NCAC 9B .0409(a) 
win be required to obtain operator certification. 
This prescribed 12 month period shall not extend 
the operator certification period beyond its spec- 
ified expiration date. When a re-certification 
course is successfully completed pnor to the ex- 
piration of the pre\'ious certification, the new 
certification shall be issued bv the Cnminal Ju 



ticc Standards Di\ision effccti\'e upon the receipt 
of the l'ost-dcli\er\ Report of Training (."ourse 
Presentation. 

(d) Rc-certification shall be issued only to of- 
ficers with current law enforcement certification. 

(e) All certifications issued pursuant to this 
Rule and the standards in effect between No- 
vember 1, 1981 and July 1, 1982 shall continue 
with full force and efll'ct; howe\er, said certif- 
ications shall be subject to the provisions of 12 
NCAC 9C .0308(c) and (d). 

Statutory Authority G.S. nC-6. 

SLBCH.VPTKR 9K - IN-SKRN ICE IR.MMNG 
J'ROGR.WIS 

SECTION .0100 - L.WV ENFORCEMENT 
OFFICER'S IN-SERVICE TRAINING PROGRAM 

.0106 IN-SERMCE FIREARMS 

QCALIFICAIION SITXIFIC.VTIONS 



Jus- (^ 



(a) All certified law enforcement officers shall 
be required to qualify with their individual and 
department-approved sersice handgun(s) a mini- 
mum of once each calendar year. For the pur- 
pose of this specification, ser\'ice handgun shall 
include any semi-automatic pistol or revolver. 
■tft addition Vb- th** requirement o rp e cificd m R ule 
.0105 ef thi* Subchapter, the folkT i sing courL . oo 
©f 6fe f . huU be ucod wh e n conducting qualifioa 
koft ¥44t the r . op .' ico handgun(5): 

(4-^ i^a¥ Courf .e - must includ e a minimum 
ef tU) roundf i k» include a- minimum ef 4 
from the ^ yard hfter 4-2 from the ^ yard 

IxlWJ -f ~ 1 1 1^ 1 1 1 1 1 \\J I ^ T U-1 U 111 IV , CTTTTT ~ 1 1 \J\ Tl 

^l^^^ ^^^ ^^^^^^ ^^♦^^^^ 
1 1 IV- L. ~' T HI VJ 1 1 1 1 V . 

(-3^ Night Courre - mu i f . t includ e a minimum 
»f ^ round;) V» include a minimum »f 6 

rr^TTTT 1 1 1\.' ~ ? HI U III IV.. ~ rTTTTTT I I l\J ~ T 111 TU 

1 ■ JT ^ ^ 1 ' I r-j-\ m * t-t ; 1 T \ ■ ' \ «-.-! I « J-l . 1 "-in.! fa 4 T-.-l r-r-l 

i 1 1 1 V , r _ iTTTTTT tl TV ^^ T TliTJ ITI 1\. , HI mt TT rTTTTTT 

the iS yard hfter fight conditions fihould 
vaFV from »» light t» available liglit. 

(b) All certified law enforcement officers who 
are issued or authonzed to use a shotgun, rifle 
or automatic weapon shaU be required to qualify 
with each v\eapon respectively a minimum of 
once each calendar year. }«• addition te- the re- 
quirementa i i pocifiod m Rule .0105 ef th» Sub 

■ ' li ■ 1 »-^t ,-ir- t \-\ ,-t t/\ll.-ll>-<-r1i1 i~-j"v 1 1 j-i - , t.- .-t T t« J-. t .-■ t-1 ■ 1 I I W. 1 1 1 .' . t. 1 

L i HI 1 'TV I , 1 1 1 V rTTTTT^TTTmr C^mTTtTT TTT 1 11 V TTTTTTTT V 'V tl ..TVTJ 

Vrheft conducting qualification with the shotgun. 
ftfle »f automatic weapon: 

(44 Shotgun Cours e - must include a mini 
mum ef ^ rounds aft4 shooters must fife 

(-3^ Rifle Course - must include a minimum 
ef -^ rounds trnd shooters must fee from a 
minimum t*f the -54 >ard hfter 

j\utomatic Weapon - must include a 
minimum ef 2Q rctunds. 

(c) -Qualification shall be completed with duty 
equipment and duty ammunition for all weap- 
ons. 

(d) All certified law enforcement officers who 
are authorized to carry an otf-duty handgun(s) 
shall be required to qualify with each such 
handgun consistent with the specifications as 
outlined in Rules .0105 and .0106(a) of this Sec- 
tion. 

(e) To satisty the minimum training require- 
ments for all in-ser\ice firearms cjualifications, an 
officer shall attain a minimum of 70 percent ac- 
curacy with each weapon. 

(f) Qualification must be achieved at least once 
in no more than three attempts in a single day for 
all courses of fire and for all weapons for which 
qualification is required. Individuids not quali- 
fving in a single day shall be deemed as having 
fiiiled and h'NCAC 9B Rule .0103(4) and (5) 
shall apply. 



617 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



(g) The "In-Sen'ice Firearms Qualification 
■Manual" as published by the North Carolina 
Justice Academy is hereby adopted by reference, 
and shall automatically include any later amend- 
ments and editions of the adopted matter as au- 
thorized by G.S. 150B-14(c), to apply as a 
minimum guide for conducting the annual in- 
service firearms qualification. Copies of this 
pubUcation may be inspected at the olTice of the 
agency: 

Criminal Justice Standards Diyision 

North Carolma Department of Justice 

J_ West Morgan Street 

Court of Appeals BuUdrng 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be obtained at cost from the Academy 
at the foUowing address: 

North Carolina Justice Academy 

Post Office Drawer 99 
Salemburg. North Carolina 28385 



Statutory Authority G.S. I7C-6; 17C-I0. 



(e) Failure to enroU and successfuUy complete 
the minimum 40 hour firearms training topic in 
a "Basic Recruit Training — Law Enforcement" 
course within the prescribed 12 month period 
\yill subject the officer to training e\2iluation as 
specified in Rule 9B .0403. 

(f) No officer suspended under Paragraph (a) 
Paragraph (b) of this Rule may work as a certi- 
fied law enforcement officer until: 

(1) the department head or designated repre- 
sentatiye for%yards to the Commission 
documentary evidence verifying that the 
officer has comphed with the require- 
ments for reinstatement of certification as 
specified in this subsection; and 

(2) the department head or designated repre- 
sentative and the officer receive from the 
Commission documentation that the 
Commission has terminated the suspen- 
sion and reissued law enforcement certif- 
ication to the suspended officer. 

Statutory Authority G.S. 17C-6; 17C-10. 

■k-k'k'k-k'k-k'k'k'k'k'k'k'k'k'k'k'k 



.0107 FAILL RE TO QUALIFY 

(a) Where an officer is employed with an 
agency that establishes a higher standard for an- 
nual in-service firearms training than the mini- 
mum specified in this Subchapter and the officer 
has failed to meet the requirements of the em- 
ploying agency as of December 31 of each calen- 
dar year, such officer shall be required to meet 
the requirements of this Rule and the higher 
standard of the employing agency for continued 
employment. Prior to transfer to another 
agency, the officer shall be required to meet the 
requirements of this Rule and the requirements 
of the subsequent agency, if the subsequent 
agency requires a higher standard for annual in- 
service firearms training than the minimum re- 
quired in 12 NCAC 9E .0105 and .0106. 

(b) Upon notification that an officer has failed 
to meet the requirements for in-senice firearms 
training and qualification as specified in Rule 
.0106(a) of this Subchapter, the law enforcement 
officer's certification shall be suspended. 

(c) The suspended officer may request author- 
ization for limited enrollment in a presentation 
of the "Basic Recruit Training -- Law Enforce- 
ment" course to complete the minimum 40 hour 
firearms training topic. 

(d) Such enrollment and successful completion 
must occur within the 12 month period following 
suspension of law enforcement officer certif- 
ication. 



1\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the \orth Carolina Department of 
Justice -- Sheriffs' Standards Division intends to 
amend rule(s) cited as 12 SCAC I OB .0204 - 
.0205. .0301 - .0303. .0305. .0307. .0405 - .0406, 
.0408. .0505 - .0509. .0601. .0603 - .0607. .0703 - 
.0705. .0803. .0901. .0905 - .0906. .0908 - .0909. 
.1001 - .1006. .1101. .1103 - .1105. .1202, .1204 - 
.1205. .2/04; and adopt rule(s) cited as 12 NCAC 
/OB .020/. .0206. .09/0. 

1 he Agency has requested to recodify rules as 
follows: 



RECODIFY EXISTING /2 


NCAC lOB .0201 


To 


.0/08 


RECODIFY E.XISTISG 


.0202 


To 


.0109 


RECODIFY E.XISTISG 


.0203 


To 


.0/10 


RECODIFY E.XISTISG 


.0205 


To 


.0202 


RECODIFY EXISTING 


.0206 


To 


.0203 


RECODIFY EXISTING 


.0207 


To 


.0204 


RECODIFY EXISTING 


.0208 


To 


.0205 



6:10 NORTH CAROLINA REGISTER August 15. 1991 



6IS 



PROPOSED RULES 



1 he proposed effective date of this action is 
January- I. 1992. 

1 he public hearing will be conducted at 9:00 
a.m. on September 18. 1991 at the Holiday Inn, 
Four Seasons, 3/21 High Point Road, 
Greensboro. Sorth Carolina. 

(^ omment Procedures: Any person interested in 
these Rules may present oral or written comments 
relevant to the proposed action at the Public 
Rule-Making Hearing. Written statements not 
presented at the Hearing should be directed to 
Joan C. Neuner. The proposed rules are a\-ailable 
for public inspection. Copies may be obtained at 
the following address: Department of Justice, 
Sheriffs' Standards Dhision. Post Office Drawer 
629. 'Raleigh, .\C 27602. 

CHAPTER 10 - N.C. SHERIFFS' EDLCATION 
AND TRAINING STANDARDS COMMISSION 

SLBCHAPTER lOB - NC SHERIFFS' 

EDLCATION AND IRAINING STANDARDS 

COMMISSION 

SECTION .0200 - ENFORCEMENT RULES 

.0201 IN\ESTIGATION OF VIOLATION OF 
RUES 

(a) If any criminal justice agency, school, au- 
thorized representative acting on behalf of either, 
or individual is reported to be or suspected of 
being in violation of any of these Rules, the 
Commission may take action to correct the vio- 
lation and to ensure that similar violations do not 
occur. 

(b) Before taking action against an agency, 
school, or indi\idual for a violation, the Division 
shall in\estigate the alleged %iolation. 

(c) The Commission may convene to consider 
these investigative reports or may delegate au- 
thority to the Director for further action. 

(d) The Commission may: 

( 1 ) direct the Division to conduct a further 
in\'estigation of the alleged \ioIation; 

{2j request the Attorney General to authorize 
an investigation of the violation by the 
State Bureau of Investigation: 

(3) direct the Division to conduct an admin- 
istrative hearing in the matter; or 

(4) impose sanctions against the violator pur- 
suant to this Section. 

Statutory Authority G.S. 17E-4: /~£-7. 

:4«#7 .0204 SUSPENSION: RE\ OCATION: OR 
DENIAL OF CERTIFICATION 



(a) The Commission shall revoke or deny the 
certification of a justice officer when the Com- 
mission fmds that the officer has committed or 
been convicted of: 

(1) a felony unless pardoned by the Go\emor: 
or 

(2j a crime for which the authorized punish- 
ment could have been imprisonment for 
more than two years; or 

(3) an act or any series of acts which violates 
the laws of the State of North Carolina 
and which, in the opinion of the Sheriff, 
will affect his her ability to act or earn,' 
out the office and duties of a justice offi- 
cer, 

(b) The Commission shall re\'oke, deny, or 
suspend the certification of a justice officer when 
the Commission finds that the applicant for cer- 
tification or the certified ofilcer; 

(1) has not enrolled in and satisfactorily 
completed the required basic training 
course in its entirety within a time period 
specified by the Commission; 

(2) fails to meet or maintain any of the mini- 
mum emplovment standards required bv 
12 NCAC lOB; 

(3) fails to satisfactorily complete the mini- 
mum in-5er\ice training requirements as 
presented in 12 NCAC lOB .2000 and 
.2100; 

(4) has refused to submit to the drug screen 
as required m 12 NCAC lOB .0301(6) or 
.0406(b)(4) » which i?a*e such sanction 
shall fe>e permanont: or in connection with 
an application for or certification as a 
justice olficer or a cnminal justice officer 
as defined m 12 NCAC 9A .0103(6); 

(5) has produced a positive result on any drug 
screen reported to the Commission as 
specified in 12 NCAC lOB .0410 or re^ 
ported to any commission. agenc\'. or 
board established to certifv, pursuant to 
said commission, a gene v, or boards 
standards, a person as a justice officer or 
a cnminal justice otTicer as defined in 12 
NC-AC 2A .0103(6). unless the positive 
result IS explained to the Commission's 
satisfaction, such sanction shall h^ pet^ 
man e nt. 

(c) The Commission may revoke, deny, or 
suspend the certification of a justice officer when 
the Commission fmds that the applicant for cer- 
tification or certified justice officer; 

(1) has knowingly made a material misrepre- 
sentation of any information required for 
certification or accreditation from the 
Commission or the North Carolina 



619 



6:10 NORTH CAR0LL\.4 REGISTER August 15, 1991 



PROPOSED RULES 



(g) The "In-Serv'ice Firearms Qualification 
Manual" as published by the North (Carolina 
Justice Academy is hereby adopted by reference, 
and shall automatically include any later amend- 
ments and editions of the adopted matter as au- 
thorized by G.S. 150B-14(c), to apply as a 
minimum pjide for conducting the annual in- 
service firearms qualification. Copies of this 
publication may be inspected at the office of the 
agency: 

Criminal Justice Standards Diyision 

North Carolina Department of Justice 

J_ West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be obtained at cost from the Academy 
at the following address: 



North Carolina Justice Academy 

Post Office Drawer 22 
Salemburg, North Carolina 28385 

Statutory Authority G.S. I7C-6; I7C-I0. 

.0107 FAILURE TO QLALIFY 

(a) Wbiere an officer is employed with an 
agency that estabhshcs a higher standard for an- 
nual in-service firearms training than the mini- 
mum specified in this Subchapter and the officer 
has failed to meet the requirements of the em- 
ploying agency as of December 31 of each calen- 
dar year, such officer shall be required to meet 
the requirements of this Rule and the higher 
standard of the employing agency for continued 
employment. Prior to transfer to another 
agency, the officer shall be required to meet the 
requirements of this Rule and the requirements 
of the subsequent agency, if the subsequent 
agency requires a higher standard for annual in- 
service firearms training than the minimum re- 
quired in 12 NCAC 9E .0105 and .0106. 

(b) Upon notification that an officer has failed 
to meet the requirements for in-service firearms 
training and qualification as specified in Rule 
.0106(a) of this Subchapter, the law enforcement 
officer's certification shall be suspended. 

(c) The suspended officer may request author- 
ization for limited enrollment in a presentation 
of the "Basic Recruit Training — Law Enforce- 
ment" course to complete the minimum 40 hour 
firearms training topic. 

(d) Such enrollment and successful completion 
must occur within the 12 month period following 
suspension of law enforcement officer certif- 
ication. 



(e) Failure to enroll and successfully complete 
the minimum 40 hour firearms training topic in 
a "Basic Recruit Training -- Law Enforcement" 
course within the prescnbed 12 month period 
will subject the officer to training evaluation as 
specified m Rule 9B .0403. 

(f) No officer suspended under Paragraph fa) 
Paragraph (b) of this Rule may work as a certi- 
fied law enforcement officer until: 

(1) the department head or designated repre- 
sentative forwards to the Commission 
documentary evidence verifying that the 
officer has complied with the require- 
ments for reinstatement of certification as 
specified in this subsection; and 

(2) the department head or designated repre- 
sentative and the officer receive from the 
Commission documentation that the 
Commission has terminated the suspen- 
sion and reissued law enforcement certif- 
ication to the suspended officer. 

Statutory Authority G.S. 17C-6; 17C-10. 



lyotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Department of 
Justice -- Sheriffs' Standards Division intends to 
amend rule(s) cited as 12 SCAC /OB .0204 - 
.0205, .0301 - .0303, .0305, .0307, .0405 - .0406, 
.0408, .0505 - .0509, .0601, .0603 - .0607, .0703 - 
.0705, .0803, .0901, .0905 - .0906. .0908 - .0909, 
.1001 - .1006, .1101, .1103 - .1105, .1202, .1204 - 
.1205. .2104; and adopt rule(s) cited as 12 SCAC 
lOB .0201. .0206, .0910. 

J he Agency has requested to recodify rules as 
follows: 

RECODIFY EXISTING 12 NCAC lOB .0201 

To .0108 

RECODIFY EXISTING .0202 

To .0109 

RECODIFY EXISTING .0203 

To .0110 

RECODIFY EXISTING .0205 

To .0202 

RECODIFY EXISTING .0206 

To .0203 

RECODIFY EXISTING .0207 

To .0204 

RECODIFY EXISTING .0208 

To .0205 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



6 IS 



PROPOSED RULES 



1 he proposed effective date of this action is 
January' I. 1992. ' 

1 he public hearing will be conducted at 9:00 
a.m. on September 18. 1991 at the Holiday Inn. 
Four Seasons. 3121 High Point Road, 
Greensboro. Sorth Carolina. 

(^ omment Procedures: Anv person interested in 
these Rules may present oral or written comments 
rele\-ant to the proposed action at the Public 
Rule-Making Hearing. Written statements not 
presented at the Hearing should be directed to 
Joan C. Xeuner. The proposed rules are available 
for public inspection. Copies may be obtained at 
the following address: Department of Justice, 
Sheriffs' Standards Dhision. Post Office Drawer 
629, Raleigh. \C 27602. 

CHAPTER 10 - N.C. SHERIFFS' EDUCATION 
AND TRAINING STANDARDS COMMISSION 

SI BCIIAPTER lOB - NC SHERIFFS' 

EDUCATION AND TRAINING STANDARDS 

COMMISSION 

SECTION .0200 - ENFORCEMENT RULES 

.0201 IN\ ESTIGATION OF \ lOLATION OF 
RULES 

(a) If any criminal justice agency, school, au- 
thorized representative acting on behalf of either, 
or individual is reported to be or suspected of 
being in violation of any of these Rules, the 
Commission may take action to correct the vio- 
lation and to ensure that similar violations do not 
occur. 

(b) Before taking action against an agency, 
school, or indi\idual for a violation, the Di\'ision 
shall investigate the alleged violation. 

(c) The Commission may convene to consider 
these investigative reports or may delegate au- 
thority to the Director for further action. 

(d) The Commission may: 

(1) direct the Division to conduct a further 
investigation of the alleged violation; 

(2) request the Attorney General to authorize 
an in\'estigation of the violation by the 
State Bureau of Investigation; 

(3j direct the Di\ision to conduct an admin- 
istrative hearing in the matter; or 

(4) impose sanctions against the violator pur- 
suant to this Section. 

Statutory Authority G.S. I7E-4; HE-l. 

mm .0204 SUSPENSION: REVOCATION: OR 
DENIAL OF CERTIFIC.VTION 



(a) The Commission shall revoke or deny the 
certification of a justice officer when the Com- 
mission fmds that the officer has committed or 
been convicted of; 

(1) a felony unless pardoned by the Governor; 
or 

(2) a crime for which the authorized punish- 
ment could have been imprisonment for 
more than two years; or 

(3) an act or any series of acts which violates 
the laws of the State of North Carolina 
and which, in the opinion of the Sheriff, 
will affect his her ability to act or carry 
out the office and duties of a justice offi- 
cer. 

(b) Ihe Commission shall revoke, deny, or 
suspend the certification of a justice officer when 
the Commission fmds that the applicant for cer- 
tification or the certified officer: 

(1) has not enrolled in and satisfactorily 
completed the required basic training 
course in its entirety within a time period 
specified by the Commission; 

(2) fails to meet or maintain any of the mini- 
mum emploN'ment standards required by 
12 NCAC lOB; 

(3) fails to satisfactorily complete the mini- 
mum in-ser\ice training requirements as 
presented in 12 NCAC lOB .2000 and 
.2100; 

(4j has refused to submit to the drug screen 
as required in 12 NCAC lOB .0301(6) or 
.0406(b)(4) (ft which eaf# such ? . anction 
ohall b<? pomianont; or in connection with 
an application for or certification as a 
justice otficer or a criminal justice otTicer 
as defined in _12 NCAC 2A .0103(6); 

(5) has produced a positive result on any drug 
screen reported to the Commission as 
specified in 12 NCAC lOB .0410 or re^ 
ported to anv commission, agency, or 
boiird established to ccrtilv. pursuant to 
said commission, agency . or boards' 
standards, a person as a justice officer or 
a criminal justice officer as defmed in 12 
NCAC 2A .0103(6). unless the positive 
result is explained to the Commission's 
satisfaction. ;' Uch ' junction ; ' hall tx* f»ef^ 
manant. 

(c) The Commission may revoke, deny, or 
suspend the certification of a justice officer when 
the Commission fmds that the applicant for cer- 
tification or certified justice officer: 

(1) has knowingly made a material misrepre- 
sentation of any information required for 
certification or accreditation from the 
Commission or the North Carolma 



619 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



Criminal Justice Education and Training 
Standards Commission; 

(2) has knowingly and designedly by any 
means of false pretense, deception, 
defraudation, misrepresentation or cheat- 
ing whatsoever, obtained or attempted to 
obtain credit, training or certification from 
the Commission or the North Carolina 
Criminal Justice I'ducation and Training 
Standards Commission; 

(3) has aided another in obtaining or at- 
tempting to obtain credit, training, or cer- 
tification from the Commission or the 
North Carolina (Criminal Justice i'duca- 
tion and Training Standards Commission 
by means of deceit, fraud or misrepresen- 
tation. This Rule shaU also apply to ob- 
taining or attempting to obtain in-service 
firearms requalification as required by 
Sections .2000 and .2100. 

(d) The Commission may revoke, suspend or 
deny the certification of a justice officer when the 
Commission fmds that the applicant for certif- 
ication or the certified officer has committed or 
been convicted of: 

(1) a crime or unlavsful act defmed in 12 
NCAC lOB .0103(8)(b) as a Class B 
misdemeanor and which occurred after 



(2) a 



the date of initial certification; or 
a cnme or unlawful act defined in 



NCAC lOB .l)103(8)(b) as a 



1_2 
Class B 
misdemeanor within the five-vear period 
prior to the date of application for certif- 
ication; or 

(3) four or more crimes or unlawful acts de- 
fined in 12 NCAC lOB .0103(8)(b) as 
Class B misdemeanors regardless of the 
date of commission or conviction; or 

(4) (-34 four or more crimes or unlawful acts 

defined in 12 NCAC lOB .0103(8)(a) as a 
Class A misdemeanor, each of which oc- 
curred after the date of initial certification; 
or 

(5) four or more crimes or unlawful acts de- 
fined in 12 NCAC lOB .0103(8)(a) as a 
Class A misdemeanor except the applicant 
may be certified if the last conviction or 
commission occurred more than two years 
prior to the date of apphcation for certif- 
ication. 



Statutory Authority G.S. I7E-7. 

!<»«» .0205 PKRlOn OF SLSF'ENSION: 
RK\ OC.ATION: OR DENIAL 

When the Commission suspends, revokes, or 
denies the certification of a justice officer, the 
period of sanction shall be: 



(1) permanent where the cause of sanction is: 

(a) commission or conviction of a felony; or 

(b) commission or conviction of a crime for 
which authorized punishment included 
imprisonment for more than two years; 
or 

(e) a positivo rooult eft a drug scroon, »f a i=e- 
fusol t& submit te a dRig tocting both 
pur ' - . uant to \i NCAC Wft mM^ %f 

(c) (4) the second re\ocation, suspension, or 

denial of an officer's certification for either 
of the tyre seven causes requiring a five- 
year period of revocation, suspension, or 
denial. 

(2) not less than five years where the cause of 
sanction is: 

(a) commission or conviction of a crime other 
than those Listed in Subparagraph (1) of 
this Rule; however, the Commission may 
either reduce or suspend the period of 
sanction under this Subparagraph or sub- 
stitute a period of probation in lieu of re- 
vocation following an administrative 
hearing; or 

(b) material misrepresentation of any infor- 
mation required for certification or ac- 
creditation from the Commission or the 
North Carolina Cnminal Justice T-duca- 



(c) 



(d) 



(e) 
(0 



tion and Training Standards Commission; 
or 

knowingly and designedly by any means 
of false pretense, deception, defraudation, 
misrepresentation or cheating whatsoever, 
obtained or attempted to obtain credit, 
training or certification from the Com- 
mission or the North Carolina Criminal 
Justice Education and Training Standards 
Commission; or 

aiding another in obtaining or attempting 
to obtain credit, training, or certification 
from the Commission or the North 
Carolina Criminal Justice Education and 
Training Standards Commission by 
means of deceit, fraud or misrepresen- 
tation. This Rule shall also apply to ob- 
taining or attempting to obtain in-service 
firearms requalification as required by 
Sections .2000 and .2100 of this Subchap- 
ter; or 

failure to make either of the notifications 
as required by 12 NCAC lOB .0301(7); 
or 

removal from office under the provisions 
of G.S. 128-16; or 

a positive result on a dmg screen, or a re- 
fusal to submit to drug testing both pur- 
suant to 12 NCAC lOB .0301 and U 
NCAC lOB .0406, or in connection with 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



620 



PROPOSED RULES 



an application for certification as a crimi- 
nal justice officer as defined in J_2 NCAC 
9A .0103(6). 
(3) for an indefinite period, but continuing so 
long as the stated deficiency, infraction, or 
impairment continues to exists, where the 
cause of sanction is: 

(a) failure to meet or satisfy relevant basic 
training requirements; or 

(b) failure to meet or maintain the minimum 
standards of employment; or 

(c) discharge from a criminal justice agency 
for impairment of physical or mental ca- 
pabilities; or 

(d) failure to meet or satisfy the in-ser\ice 
training requirements as prescribed in 12 
NCAC lOB .2100. 

Statutory Authority G.S. I7E-4; I7E-7. 

.0206 SIMM.ARY SLSPENSIONS: OR 
DF.MAl.S 

The Commission may summarily suspend or 
deny the certification of a justice officer or in- 
structor when, in the opinion of the Commis- 
sion, the public health, safety, or welfare requires 
this emergency action of summar\' suspension or 
denial. The Commission has determined that the 
following conditions specifically affect the public 
health, safety, or welfare and therefore it, by and 
through the Director, may utilize summary sus- 
pension or denial following a full investigation 
of the matter when: 

( 1) the applicant for certification or the certified 
justice officer has committed or been con- 
victed of a violation of the criminal code 
which would require a permanent revocation 
or denial of certification; or 

(2) the justice officer has failed to comply with 
the training requirements of 12 NCAC lOB 
.0500 and .0600; or 

(3) the certified justice officer fails to satisfac- 
torily complete the minimum in-service 
training requirements as prescribed in 12 
NCAC lOB .2100. 

Statutory Authority G.S. l50B-3(c). 

SECTION .0300 - MIMMLM STANIXARDS FOR 
EMPLOYMENT AS A JUSTICE OFFICER 

.0.^01 MINIMI M STANDARDS FOR JUSTICE 
OFFICERS 

(a) Every Justice Officer certified as a Deputy 
Sheriff or Jailer in North Carolina shall: 

(1) be a citizen of the United States; 

(2) be at least 21 years of age; 

(3) be a high school graduate, or the equiv- 
alent (GED); 



(4) have been fmgerprinted by the employing 
agency; 

(5) have had a medical examination by a Li- 
censed physician; 

(6) have produced a negative result on a drug 
screen administered according to the fol- 
lowing specifications: 

(A) the drug screen shall be a urine test 
consisting of an initial screening test using 
an immunoassay method and a 
confirmatory test on an initial positive re- 
sult using a gas chromatography/ mass 
spectrometry (GC/.MS) or other reliable 
initial and confirmatory tests as may, from 
time to time, be authorized or mandated 
by the Department of I lealth and I luman 
Services for Federal Workplace Drug 
Testing Programs; and 

(B) a chain of custody shaU be maintained 
on the specimen from collection to the 
eventual discarding of the specimen; and 

(C) the drugs whose use shall be tested for 
shall include at least cannabis, cocaine, 
phencyclidine (PCP), opiates and 
amphetamines or their metabolites; and 

(D) the test threshold values established by 
the Department of Health and Human 
Ser\'iccs for Federal Workplace Drug 
Testing Programs are hereby adopted by 
reference, and shall automatically include 
any later amendments and editions of the 
adopted matter as authorized by G.S. 
150B- 14(c); and 

(E) the test conducted shall be not more 
than 60 days old, calculated from the time 
when the laboratory' reports the results to 
the date of employment; and 

(F) the laboratorv' conducting the test must 
be certffied for federal workplace drug 
testing programs, and must adhere to ap- 
plicable federal rules, regulations and 
guidelines pertainmg to the handling, 
testing, storage and preservation of sam- 
ples, except that individual agencies may 
specify other drugs to be tested for in ad- 
dition to those drugs set out in Subsection 
(c) of this Rule; 

(G) every agencv head shall be responsible 
for making adequate arrangements for the 
services of a medical re\ iew officer 
(■VIRO) for the purpose of re\iew of drug 
tests reported bv the laboratory and such 
officer shall be a licensed ph\ sician. 

(7) notify the St;md;irds Division m writing of 
all criminal offenses which the officer pleads 
no contest to. pleads guilty to or is found 
guilty of. This shall include all criminal of- 
fenses except minor traffic offenses and shall 



621 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



specifically include any offense of Driving 
Under The Influence (DL'I) or Driving 
While Impaired (DWI). A minor traffic of- 
fense is defmed, for purposes of this Sub- 
paragraph, as an offense where the 
maximum punishment allowable is 60 days 
or less. The notifications required must 
specify the nature of the offense, the court 
in which the case was handled and the date 
of the conviction. The notifications must 
be received by the Standards Division within 
30 days of the date the case was disposed of 
in court. ¥h« rcquiromcnts »f Ai* Subpar 
a graph shall b« applicabl e at' ali timt ' s during 
which Ae officor \% cortified by tfee Com 
mic i oion »ft4 ohall aise apply to all applica 
tiono fof certification. Officers required to 
notify the Standards Division under this 
Subparagraph shall also make the same no- 
tification to their employing or appointing 
executive officer within 20 days of the date 
the case was disposed of in court. The 
executive officer, provided he has knowledge 
of the officer's conviction(s), shall also notify 
the Division of all criminal convictions 
within 30 days of the date the case was dis- 
posed of in court. Receipt by the Standards 
Division of a single notification, from either 
the officer or the executive officer, is suffi- 
cient notice for compliance with this Sub- 
paragraph; 

(8) be of good moral character; 

(9) have a thorough background investigation 
conducted by the employing agency, to in- 
clude a personal interview prior to employ- 
ment; 

(10) not have committed or been con\icted of 

a crime or crimes as specified in Rule .0307 

of this Section. 

(b) The requirements of this Rule shall apply 

to all applications for certification and shall also 

be applicable at all times during which the justice 

officer is certified by the Commission. 

Statutory Authority G.S. J7E-7. 

.0302 DOCLMENT.\TION OF EDUCATIONAL 
RKQLIREMENT 

(a) Each applicant shall furnish documentary 
evidence of high school, college or university 
graduation to the employing agency. Documen- 
tar\- evidence consists of diplomas from recog- 
nized public schools or approved private schools, 
colleges or universities which meet approval 
guidelines of the North Carolina Department of 
Public Instruction or a comparable out of state 
agency. 



(b) High School diplomas earned through cor- 
respondence courses are not recognized toward 
these minimum educational requirements. 

(c) Documentary evidence of completion of the 
General Educational Development Test (GED) 
shall be satisfied by a certified copy of GED test 
results ohow ' ing a total scor e »f net less than 555 
points, aft4 a minimum score e» afty singl e test- 
ed ^ points, or bv a copy of the applicant's 
GED diploma. 

(d) Documentary evidence of the attainment 
of satisfactop,' scores on any military high school 
equivalency examination wiU be acceptable as 
verified by a true copy of the veteran's DD214. 

Statutory Authority G.S. I7E-4. 

.0303 FINGERPRINT RECORDS CHECK 

(a) Each apphcant for certification shall be 
fingerprinted twice using forms specified by the 
Division. Both fmgerprint cards shall be for- 
warded to the State Bureau of Investigation 
(SBI) who wiU in turn, forward one card to the 
Federal Bureau of Investigation (FBI). A crimi- 
nal history' records check against State and Fed- 
eral files win be conducted by both agencies 
based on those prints. Upon receipt from the 
SBI, tbe employing agency shall retain tlw re- 
tumod fingoqirint e»f4 b e aring Ae results »f the 
criminal history records chock m ttee applicant's 
poroonnel fil«*T Upon receipt from tfe<* SBI, tlie 
Division shall retain ^Pi% other returned 

rTTTCrCTTTTTTTT OCTT^T tw'^l-ll 11 1 C. 1 1 TKJ I \. \jXX\ IV \JT 1 1 WJ l_ 1 I.I I T U TlTT 

history records check. Uic Division shall forward 
the original fingerprint card bcanng the results 
of the criminal history records check to the em- 
plovmg agency who shall retain the card in the 
applicant's personnel file. 

(b) Each applicant shall provide to the em- 
ploying agency a certified copy of a check of the 
applicant s criminal history record from the Clerk 
of Court in each county where the applicant has 
resided within the preceding six months. The 
employing agency shall perform a criminal his- 
tory records check of the agency's own fdes for 
each applicant. A certified copy of the results of 
all required criminal histor>' records checks shall 
be forwarded with the applicant's Report of Ap- 
pointment form (F-4) or (E-4A) to the Division. 
Additionally, a photocopy of the results of all 
required criminal history records checks shall be 
retained by the agency in the applicant's person- 
nel file. 

(c) Certifications issued prior to the receipt by 
the Division of the fmgerprint and criminal his- 
tory- records check of state and federal files, as 
conducted by the SBI and FBI, are conditional. 
Such conditional certifications shall may auto- 



6: 10 NOR TH CAROLINA REGIS TER 



August 15, 1991 



622 



PROPOSED RULES 



matically be terminated by the Commission 
upon receipt from the SBI or l-'BI of a fingerprint 
or criminal history records check that indicates 
that the officer has been convicted of an offense 
as specified in Rule .0307. 

Slatulory Authorily G.S. I7E-7. 

.0305 BACKGROUND INVESTIGATION 

(a) Prior to the background investigation done 
by the employing agency, the apphcant shall 
complete the Commission's Personal History 
Statement (F-3) to provide a basis for the inves- 
tigation. The Personal History' Statement (P-3) 
submitted to the Division shall be completed no 
more than 120 days prior to: 

(1) the apphcant's beginning the Jailer Certif- 
ication Course and; or Basic Law 
Enforcement Training Course; or 

(2) the applicant's applying to the Commis- 
sion for certification. 

(b) If the Personal Histor\- Statement (P-3) was 
completed more than 120 days prior to the ap- 
plicant's applying to the Commission for certif- 
ication, the Personal History Statement (F-3) 
shall be updated or a new Personal History' 
Statement (F-3) must be completed. 

(c) The employing agencv shall ensure the 
proper dates, signatures, and notarizations are 
alfixed to the Personal Histor\ Statement (F-3) 
pnor to submission to the Division^ 

(d) fe^ The employing agency, prior to employ- 
ment, shall examine the applicant's character 
traits and habits relevant to his, her performance 
as a justice officer and shall determine whether 
the applicant is of good moral character. The 
investigator shall summarize the results of the 
investigation on A* form ouppliod by Ae Disi 
sie» a commission-approved form which shall 
be signed and dated by the investigator. 

Statutory Authority G.S. I7E-7. 

.0307 CRIMINAL HISTORY RECORD 

(a) Every justice officer employed in North 
Carolina shall not have committed or been con- 
victed bv a local, state, federal or mihtary court 
of: 

(1) a felony, unless pardoned by the Gover- 
nor: or 

(2) a cnme for which the punishment could 
have been imprisomnent for more than 
two years; or 

(3) an act, or any series of acts which violate 
the laws of the State of North Carolina 
and which, in the opinion of the sheriff, 
will affect his/her ability to act or carry 



out the office and duties of a justice offi- 
cer. 

(4) a crime or unlawful act defined as a "Class 
B Misdemeanor" within the five year pe- 
riod prior to the date of application for 
employment; or 

(5) four or more crimes or unlawful acts de- 
fined as "Class B Misdemeanors" regard- 
less of the date of conviction; or 

(6) four or more crimes or unlawful acts de- 
fined as "Class A Misdemeanors" except 
the applicant may be employed if the last 
con\iction occurred more than two years 
prior to the date of application for em- 
ployment. 

(b) Every justice officer employed in North 
Carolina shall also be subject to the requirements 
of 12 NCAC lOB .0204. 

(c) 1 he requirements of this Rule shall be ap- 
plicable at all times during which the olTicer is 
certified bv the Commission and shall also apply 
to all applications for certification. 

Statutory Authority G.S. J7E-7. 



SECTION .0400 



CERTIFICATION OF JUSTICE 
OFFICERS 



.0405 REPORT OF SEPAR.\TION 

(a) An agency separating a person from em- 
ployment or appointment as a justice officer 
shall, not later than ten days after separation, 
forward to the Division a completed Report of 
Separation (F-5). 

(b) Although not presently required by these 
Rules, it is recommended bv the Commission 
that the employing agency cancel the oath of of- 
fice of a justice officer who has separated, and 
that the justice otficer be notified bv the em- 
ploying agency of the ctTcctive date of separation 
as reported to the Division. 

Statutory Authority G.S. I7E-4. 

.0406 LATERAL TRANSFER/ 
REINSTATEMENTS 

(a) y\n officer with general or grandfather cer- 
tification who: 

(1) is currently certified; or 

(2) has been separated but has not been out 
of service for more than one year, may be 
appointed by an agency and certified upon 
compliance with this Rule .0406. 

(b) In order for an officer to be certified pur- 
suant to this Rule .0406 there must be: 

( 1 ) verification by the employing agency of 
the officer's certification status w^ith the 
Division; 



62i 



6:10 NORTH CAROLINA REGISTER Aiiijust 15, 1991 



PROPOSED RULES 



(2) compliance with the requirements for 
fmgerprints and criminal historv' records 
checks as specified in Rule .0303; 

(3) compliance with the requirement for 
Medical History Statement (F-I) and 
Medical Examination Report (F-2) speci- 
fied in Rule .0304; 

(4) evidence of a negative result on a drug 
screen administered according to the 
specifications as outlined in 12 NCAC 
lOB .0301(6); 

(5) compliance with the Report of .Appoint- 
ment form requirement of RuIl * .0 1113 (-a-H- 
Rule .0403: 

(6) submitted to the Di\ision. a copy of the 
Oath of Office for applicants requesting 
certification as a deputy sheriff 

(7j evidence of satisfactory completion of the 
employing agency's in-ser\'ice firearms 
training and requalification program pur- 
suant to Sections .2000 and .2100; and 
(8) documentary evidence of high school, 
college or university graduation to the 
employing agency. Documentar\' c\i- 
dence consists of diplomas from recog- 
nized public schools or approved private 
schools, colleges or universities which 
meet approval guidelines of the North 
Carolina Department of Public Instruc- 
tion or a comparable out of state agency; 
or documentary' evidence of the attain- 
ment of satisfactory scores on any militar\" 
high school equisalcncy examination will 
be acceptable as verified by a true copy 
of the veteran's DD214. 
(c) An officer whose certification has been 
suspended pursuant to _1_2 NCAC lOB 
-Il2il4ibi( 1 1 ma\ ha\e that certification reinstated 



pro\ ided that; 

( I ) the pcnod of suspension has been one year 
or less; and 



(2) the officer has successfully completed the 

basic training requirements as presciibed 

in 12 NCAC lOB .0500 or .0600. 

(d) Requirements of' Paragraph (b) of this Rule 

arc waned tor officers whose certifications are 

reinstated pursuant to Paragraph (c) of this Rule. 

Statutory Authority G.S. I7E-4: I7E-7. 

.0408 \ EKIFIC.VTION OF RECORDS TO 
DIVISION 

(a) Prior to the initial certification of each jus- 
tice officer, for the purpose of \'erifying compli- 
ance with these Rules, the employing agency 
shall submit to the Division, along with the Re- 
port of .Appointment (F-4) and or (F-4A), copies 
of the following documents; 

(1) verification of the applicant's compliance 
with the educational requirement pursu- 
ant to Rule .0302(a|; 

(2) certified copy of the applicant's Oath of 
Office, if applying for certification as a 
deputy sherilT; 

(3) the applicant's .Medical llistoPi' Statement 
(F-I); 

(4) the applicant's .Medical Examination Re- 
port (F-2 and F-2A); 

(5) the applicant's notarized Personal Iliston," 
Statement (F-3); and 

(6) a summary' of the applicant's background 
investigation. 

(b) Compliance with this Rule .U40S(a) is 
waived for officers applying for dual certification 
as defined in Rule .010.3(10) provided that: 

(1) the officer holds a valid certification as ci- 
ther a deputy sheriff or jailer with the 
emploving agency requesting dual certif- 
ication; and 

(2) the officer has not had a break in ser\'ice 
since initial certification with the employ- 
ing agency requesting dual certification. 

Statutoiy Authority G.S. I7E-4; I7E-7. 



SKCIION .0500 - MIMMIM STANDARDS OK I RAIMNC; FOR DEPLTY SHERIFFS 

.0505 E\ AIT .VriON FOR TRAINING \V.\I\FR 

(a) The Division staff shall evaluate each deputy's training and experience to determine if equivalent 
training has been satisfactorily' completed as specified in Rule .0504(a). .Applicants for certification with 
prior law enforcement experience shall have been employed in a sworn law enforcement position in 
order to be considered for training evaluation under this Rule. The following rules shall be used by 
Division staff in evaluating a deputy's training and experience to detennme eligibility for a waiver of 
training. 

( f ) Persons who separated from a sworn law enforcement position during their probationarv" period 
after having completed a commission-accredited Basic Faw Enforcement Training Course and 
vv ho have been separated from a sworn law enforcement position for more than one year shall 
complete a subsequent commission-accredited Basic Faw Enforcement Training Course in its 
entirety and successfully pass the State Comprehensive Examination vvitlun the 12 month 
probationary' penod as prescribed in 12 NCAC lOB .0503(a). 



6:10 NORTH CAROLINA REGISTER Au-ust 15, 1991 



624 



PROPOSED RULES 



(2) Persons who separated from a sworn law enforcement position dunng their probationary' period 
after ha\ing completed a commission-accredited Basic Law Fnforcement Training Course and 
who ha\e been separated from a sworn law enforcement position for one \ car or less shall sen,e 
the remainder of the initial probationary' p>eriod in accordance with G.S. \7E-l{h). but need not 
complete an additional training program. 

(3) Persons who separated from a sworn law enforcement position during their probationar\' period 
without haMnLi completed Basic 1 aw 1-nforcement Iraining. or whose certil'ication was sus- 
pended pursuant to L2 NCAC, IDB JI2()4(h)( 1 ). and who ha\'e remained separated or suspended 
for o\'er one \ear shall complete a commission-accredited Basic 1 aw l.nforcement 1 raining 
Course m its entirctN' and successfulh' pass the State Comprchensne I xamination. and shall be 
allowed a L2 month probationarN" penod as prescribed m \2 NCAC IdB J)503(a). 

(4| ^-M (3ut-of-state transferees shall be evaluated to determine the amount and quality of their 
traming and experience. Out-of-state transferees: 
(.A) shall ha\e a minimum of two years full-time sworn law enforcement experience; 

(B) shall not have a break in sen'ice exceeding two years; and 

(C) shall have successfully completed the Basic Law Enforcement Training Course accredited by 
the state from which he she is transferring. Out-of-state transferees meeting these requirements 
shall successfully complete a commission-accredited Basic Law Lnforccment Lraining Course 
which includes the following topics of North Carolina law and procedure and successfully pass 
the State Comprehensive Examination in its cntirctv within the 12 month probationan' period 
as prescribed in 12 NCAC lOB .0503(a). 

(i) Laws of .Axrest. Search and Seizure 16 hours 

(ii) Elements of Criminal Law 24 hours 

(iii) Ju\'enile Laws and Procedures S hours 

(iv) Controlled Substances 6 hours 

(v) ABC Laws and Procedures 4 hours 

(vi) Motor \'ehicle Laws 20 hours 

(\'ii) Ci\il Process 24 hours 

(viii) Supplemental Custody Procedures 8 hours 

(ix) Eireanns Qualification (Handgun and Shotgun Courses) 

TOTAL HOURS 110 hours 

(5) f44 Persons pre\'iously holding Grandfather law enforcement certification in accordance with 
G.S. 17C-10(a) or G.S. I7E-7(a) who have been separated from a sworn law enforcement posi- 
tion for more than one year and who ha\e not pre\'iously completed a minimum Basic Law 
Enforcement Training Course accredited by the North Carolina Criminal Justice Education and 
Training Standards Comniission and or the North Carolina Sheriffs' Education and Training 
Standards Commission shall be required to complete a commission-accredited Basic Law 
Enforcement Training Course in its entirety and successfully pass the State Comprehensi\e Ex- 
amination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(6) {4i Persons who ha\'e completed a minimum 160-hour Basic Law Enforcement Training Course 
accredited by the North Carolina Crimmal Justice Training and Standards Council under 
guidelmes administered beginning on July 1. 1973 and continuing througli September 30. 1978 
and who ha\'e been separated from a sworn law enforcement position for more than one year 
but no more than two years shall be required to complete the following portions of a 
commission-accredited Basic Law Enforcement Training Course and successfully pass the State 
Comprehensive Examination within the 12 month probationan' period as prescribed in 12 
NCAC lOB .0503(a). 

(A) Juvenile Law and Procedures 8 hours 

(B) Laws of .-Vrrest, Search and Seizure 16 hours 

(C) Elements of Criminal Law 24 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) .Motor Vehicle Laws 20 hours 

(G) Law Enforcement Dri\er J raining 16 hours 
(H) Ci\il Process 24 hours 
(I I Supplemental Custody Procedures S hours 
(J) I'irearms Qualification (Handgun and Shotgun Courses) 



625 6:10 AORTH CAROLINA REGISTER August 15, I99I 



PROPOSED RULES 



TOTAL HOURS 126 hours 

(7) (4^ Persons who have completed a minimum 160-hour Basic Law Fnforccmcnt Training Course 
accredited by the North Carolina Criminal Justice Training and Standards Council under 
guidelines administered beginning on July 1, 1973 and continuing througli September 30, 1978 
and who have been separated from a sworn law enforcement position for more than two years 
shall be required to complete a commission-accredited Basic Law Enforcement Training Course 
in its entirety regardless of training and experience and successfully pass the State Comprehensive 
Examination within the 12 month probationar\' period as prescribed in 12 NCAC lOB .0503(a'). 

(8) (^ Persons who have completed a minimum 240-hour Basic Law Enforcement Training Course 
accredited by the North Carolina Criminal Justice Education and Training Standards Commis- 
sion and the North Carolina Sheriffs' Education and Training Standards Commission under 
guidelines administered beginning October 1, 1978 and continuing through September 30, 1984 
and who have been separated from a sworn law enforcement position for over one year but no 
more than three years shall be required to complete the following portions of a commission- 
accredited Basic Law Enforcement Training Course and successfully pass the State Compre- 
hensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB 
.0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and I'rocedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 
(I) Eireanns Qualification (Handgun and Shotgun Courses) 

TOTAL HOURS 110 hours 

(9) fS^ Persons who have completed a minimum 240-hour Basic Law Enforcement Training Course 
accredited by the North Carolina Criminal Justice Education and Training Standards Coinmis- 
sion and the North Carolina Sheriffs' Education and Training Standards Commission under 
guidelines administered beginning October 1, 1978 and continuing through September 30, 1984 
and who have been separated from a sworn law enforcement position for more than three years 
shaU be required to complete a commission-accredited Basic Law E.nforcement Training Course 
in its entirety regardless of pnor training and experience and successfully pass the State Com- 
prehensive Examination within the 12 month probationap,- period as prescribed in 12 NCAC 
lOB .0503(a). 

( 10) f% Persons who have completed a minimum 381 hour Basic Law Enforcement Training Course 
accredited by the North Carolina Sheriffs' I'ducation and Training Standards Commission under 
guidelines administered beginning October 1, 19S4 and ending December 31, 1988 and who have 
been separated from a sw om law enforcement position for over one year but no more than three 
years shall be required to complete the following portions of a commission-accredited Basic Law 
Enforcement Training Course and successfully pass the State Comprehensive E'xamination 
\sithin the 12 month probationary- period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 
(E) Motor Vehicle Laws 20 hours 
(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 
(1) Firearms Qualitication (Handgun and Shotgun Courses) 

TOTAL HOURS 1 10 hours 

( 1 1) (44) Persons transferring to a sheriffs department from another law enforcement agency who 
hold certification issued by the North Carolina Criminal Justice E.ducation and Training 
Standards Commission and who ha\e pre\iously completed a minimum 369-hour Basic Law 
Enforcement Training Course accredited by the North Carolina Criminal Justice Education and 



6:10 NORTH CAROLINA REGISTER August 15, 1991 626 



PROPOSED RULES 



Training Standards Commission under guidelines administered beginning October 1, 1984 and 
endmg July 1, 1989 and who have been separated from a sworn law enforcement position for 
no more than one year or who have had no break in sen.ice shall be required to complete the 
following enumerated topics of a commission-accredited Basic Law Enforcement Training 
Course and successfully pass that portion of the State Comprehensive Examination which deals 
with those subjects within 12 months of the date of their Oath of Office as prescribed m 12 
NCAC lOB .0503(a). 
(A) Civil Process 24 hours 

(Bj Supplemental Custody Procedures 8 hours 

TOTAL HOIRS 32 hours 

(12) (44f Persons who have completed a minimum 369-hour Basic Law Enforcement Training 
Course accredited by the North Carolina Criminal Justice Education and Training Commission 
under guidelines beginning October 1, 1984 and ending July 1, 1989 and who have been sepa- 
rated from a sworn law enforcement position for over one year but no more than three years 
shall be required to complete the following portions of a commission-accredited Basic Law 
Enforcement Training Course and successfully pass the State Comprehensive Examination 
within the 12 month probationary period as prescnbed in 12 NC.AC lOB .0503(a). 

(A) Laws of .Ajrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) .ABC Laws and Procedures 4 hours 

(F) Motor \'ehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 
(I) Firearms Qualification (Handgun and Shotgun Courses) 

TOTAL IIOLRS 110 hours 

f-l-i+ PtT '. ono ' ■ ' .■ ho hii' . L' compL ' tL ' d a minimum 122 hour Ba '. ic Law Enforc c rn e nt Training Courr . o 
aLcr e Jittjd l*y f+h* Noilh C'LLrolinu SliL ' nff ' j 1 ducution rt«4 Iraining Standard; . Commi '.'. ion under 
guid e linkj .. admim '' tL'rL ' d beginning Januar; . 4t 4-OVi ttft4 v . ho have boon ^fparatoJ trom a j . ' . ' . om 
law onforcomont po '. ition fof o' l Or efh? yoar hwt- He moro than throo yoara i . hall b^^ roquirod te 
comploto A# follo' i ving portionc »f a conimi '. oion accroditod Baric Law Enforcomont L raining 
Cour . ' . o aft4 •. uccoof . fully pat^ the Stat e Comprehon^ . i' . o Examination v . it h in the 44 month 
probationar . period a* prC ' CnboJ » 4-J NCi\C +Uft . ' 1503(0). 
fA+ 1 a' . v • ' . t4 Arro 'i t. Soarch aft4 Soij^uro 4^ hours 

(-B-f F:l e mL ' iit;: i (-4" Cnminal 1 aw 24 hour ; ' . 

f€^ Ju' . cnilo I awr . aft4 Procedures ^ hours 

f©^ Controlled Sub i. tanc e s ^ hours 

(£) AB(' 1 a' . ' . ' . ■ ^a^ Procedures 4 hours 

(-P4 Motor \'ehicle Law* 20 hours 

(-&+ Ci' i il Process 34 hours 

(44-f Supplemental Cu^tod; . Procedures S hours 

fL Lireamis Qualification 1 1 landgun ttft4 Shotgun Courses) 

TOT.\L IIOLRS LWhews 

(13) Persons transferring to a sheriff's department from another law enforcement agency who hold 
certification issued by the North Carolina Criminal Justice Education and Training Standards 
Commission and who ha\e previously completed a commission-accredited 410-hour Basic Law 
Enforcement Training Course accredited by the North Carolina Criminal Justice Education and 
Training Standards Commission under guidelines administered beginning July 1, 1989 and end- 
ing February 1, 1991 and who have been separated from a sworn law enforcement position for 
no more than one year or who have had no break in ser\'ice shall be required to complete the 
following enumerated topics of a commission-accredited Basic Law Enforcement Training 
Course and successfully pass that portion of the State Comprehensi\e Examination which deals 
with those subjects within 12 months of the date of their Oath of Office as prescnbed in 12 
NCAC lOB .0503(a). 

(\) Ci\il Process 24 hours 

(B) Supplemental Custody Procedures 8 hours 



627 6:10 NORTH CAROLIi\A REGISTER Aui;ust 15, 1991 



PROPOSED RULES 



TOTAL HOURS 32 hours 

(14) Persons who have completed a minimum 422-hour Basic Law Lnforcement Training Course 
accredited by the North Carolina Sherift's Lducation and Training Standards Commission under 
the guidelines administered beginning Januar>' 1, 1989 and ending Januar y ' February 1, 1991 and 
who have been separated from a sworn law enforcement position for over one year but no more 
than three years shall be required to complete the following portions of a commission-accredited 
Basic Law Enforcement Training Course and successfully pass the State Comprehensive Ex- 
amination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 
(E) Motor Vehicle Laws 20 hours 
(G) Civil Process 24 hours 
(II) Supplemental Custody Procedures 8 hours 
(I) ELrearms Qualification (Handgun and Shotgun Courses) 

TOTAL HOURS 110 hours 

(15) Persons who ha\'e previously completed a minimum 410-hour Basic I^w Enforcement Training 
Course accredited by the North Carolina Criminal Justice Education and Training Standards 
Commission under guidelines administered beginning July 1, 1989 and ending Eebruary I, 1991 
and who have been separated from a sworn law enforcement position for over one year but no 
more than three years shall be required to complete the following portions of a commission- 
accredited Basic Law Enforcement Training Course and successfully pass the State Compre- 
hensi\e Examination within the 12 month probationary period as prescribed in 12 NCAC lOB 
.0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 
(E) Motor Vehicle Laws 20 hours 
(Cj) C^ivil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 
(I) Eirearms Qualification (Handgun and Shotgun Courses) 

TOTAL HOURS 1 10 hours 

(16) Persons who have completed a minimum -W4-hc)ur Basic I^w Enforcement Training Course 
accredited by the North Carolina Sheriffs' Education and Training Standards Commission under 
the guidelines administered beginning Eebruary 1, 1991 and who have been separated from a 
sworn law enforcement position for over one year but no more than three years shall be required 
to complete the following portions of a commission-accredited Basic Law Enforcement I raining 
Course and successfuUy pass the State Comprehensive Examination within the 12 month 
probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) CivU Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 
(I) Eirearms Qualification (Handgun and Shotgun Courses) 

TOTAL HOURS 1 10 hours 

( 17) Persons who have previously completed a minimum 432-hour Basic Law Enforcement Training 
(bourse accredited by the North Carolina Criminal Justice Education and Training Standards 
Commission under guidelines administered beginning Eebruar>' 1, 1991 and who have been 



6:10 NORTH CAROLINA REGISTER Aui^ust 15, 1991 628 



PROPOSED RULES 



separated from a sworn law enforcement position for over one year but no more than three years 
shall be required to complete the following portions of a commission-accredited Basic Law 
Enforcement 1 raining Course and successfully pass the State Comprehensive lixamination 
within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 

(I) Fireanns Qualification (Handgun and Shotgun Courses) 

TOTAL HOURS 110 hours 

(18) Persons transferring to a sheriff's department from another law enforcement agency who hold 
certification issued by the North Carolina Cnmmal Justice Education and Training Standards 
Commission and who have previously completed a commission-accredited 432-hour Basic Law 
Enforcement Training Course accredited by the North Carolina Criminal Justice Education and 
Training Standards Commission under guidelines administered beginning Eebruary 1, 1991 and 
who have been separated from a sworn law enforcement position for no more than one year or 
who have no break in service shaU be required to complete the following enumerated topics of 
a commission-accredited Basic Law Enforcement Training Course and successfully pass that 
portion of the State Comprehensive E.xamination which deals with these subjects within 12 
months of the date of their Oath of Office as prescribed in 12 NCAC lOB .0503(a). 

(A) Civil Process 24 hours 

(B) Supplemental Custody 8 hours 

TOTAL HOURS 32 hours 

(19) Persons who ha\'e completed training as a federal law enforcement officer and are appointed 
as a sworn law enforcement officer in North Carolina shall be required to complete a 
commission-accredited Basic Law Enforcement Training Course in its entirety regardless of 
pre\ious federal training and experience and successfully pass the State Comprehensive Exam- 
ination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(20) Persons out of the law enforcement profession for o\'cr three years regardless of prior training 
or experience shall complete a cc^mmission-accredited Basic Law Enforcement Lraining Course 
in its entirety and successfully pass the State Comprehensive Examination within the 12 month 
probationary penod as prescnbed m 12 NCAC lOB .0503(a). 

(21) WUdlife Enforcement Officers who completed the Basic Law Enforcement Training Course 
prior to September 30, 1985 and are sworn as justice officers shall be subject to the evaluation 
rules as stated in Rule .0505 Paragraphs (a)(1) and (a)(4) through (1 1). 

(22) Wildlife Enforcement Officers who separate from employment with the WUdlife Enforcement 
Dnision and have less than one year break in service, who transfer to a Sheriff's Department in 
a sworn capacity, and who completed their Basic Training after September 30, 1985 shall com- 
plete the following blocs of instruction and pass the state exam in its entirety: 

(A) Crime Prevention Techniques 4 hours 

(B) Mechanics of Arrest: Custody Procedure 2 hours 

(C) Mechanics of Arrest: Processing /Vrrestee 4 hours 

(D) Special Populations +0 ]_2 hours 

(E) Teclmiques of Traffic Law Enforcement 6 hours 
(E) Dealing with Victims and the Public S hours 
(G) Civil Process 24 hours 

(II) Supplemental Custod>' Procedures 8 hours 
(I I I ireamis Qualification (Handgun and Shotgun Courses) 

TOTAL HOURS 64 68 hours 

(23) Wildlife Enforcement Officers who completed Basic Law Enforcement Training on or after 
September 30, 1985 and have been out of a sworn position o\'er one year but no more than three 
years, and are sworn as a justice officer must complete the following blocs of instructions and 
pass the state exam in its entirety during their probationary period. 



629 6:10 NORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



Laws of Arrest Search and Seizure 

Elements of Criminal Law 

Juvenile I^ws and Procedures 

Controlled Substances 

ABC Laws and Procedures 

Motor Vehicle Laws 

Crime Prevention Techniques 

Mechanics of Arrest; Custody Procedures 
Mechanics of Arrest: Processing Arrestees 
Special Populations 

Tcclmiqucs of Traffic Law Enforcement 

Dealing with Victims and the Public 

Civil Process 

Supplemental Custody Procedures 

Firearms Qualification (Handgun and Shotgun Courses) 

lOTAL HOURS 

(b) In those instances not specifically incorporated within this S' 
applicant's prior training and experience determines that required 
Enforcement Training Course would be impractical, the director 
cretion in determining the amount of training those persons shall 
period. 



(A) 

(B) 

(C) 

(D) 

(E) 

(F) 

(G) 

(H) 

(I) 

(J) 

(K) 

(L) 

(M) 

(N) 
(O 



16 hours 

24 hours 
8 hours 
6 hours 
4 hours 

20 hours 
4 hours 
2 hours 
4 hours 
+* 12 hours 
6 hours 
8 hours 

24 hours 
8 hours 

146 hours 
ection or where an evaluation of the 

attendance in the entire Basic Law 
is authorized to exercise his/her dis- 

complete during their probationary 



Siatiaoiy Authority G.S. I7E-4: I7E-7. 



.0506 TKAINKE ATTKNDANCE 

(a) Each trainee enrolled in an accredited 
"Bu 'i ic Rucruit I'ruining — I-eHv- Enforcomont" 
cour ' .' .e "Basic I aw Enforcement Training 
Course" shall attend all class sessions. The 
sheriff shaU be responsible for the trainees regu- 
lar attendance at criminal justice training courses 
in which the trainee is enrolled. 

(b) The school director may recognize v;ilid 
reasons for class absences and may excuse a 
trainee from attendance at specific class sessions. 
However, in no case may excused absences ex- 
ceed ten percent of the total class hours for the 
course offcrmg. 

(c) If the school director grants an excused ab- 
sence from a class session, he shall schedule ap- 
propriate make-up work and ensure the 
satisfactory completion of such work during the 
current course presentation or m a subsequent 
course delivery as is permissible under Rule 12 
NCAC lOB .0507. 

(d) A trainee shall not be eligible for adminis- 
tration of the State Comprehensive Examination 
nor certification for successful course completion 
if the cumulative total of class absences, with ac- 
cepted make-up work, exceeds ten percent of the 
total class hours of the accredited course offering. 
Said participant should be expediently terminated 
from further course participation by the school 
director at the time of such occurrence. 

(e) A school director may terminate a trainee 
from course participation or may deny certif- 
ication of successful course completion where the 



trainee is habitually tardy to, or regularly departs 
early from, class meetings or field exercises. 

(f) Wliere a trainee is enrolled in a program as 
required in 12 NCAC lOB .0502, attendant shaU 
be 100 percent in order to receive successful 
course completion. 

Statutory Authority G.S. I7E-4: I7E-7. 

.0507 COMPLEIION Ol 11 IF BASIC LAW 
KNFORCEMKNT TR.VIMNC COL RSE 

(a) Each deliven,' of an accredited "Bai . io R^*- 
CRiit Training — I-aw EnforcLMnont" courr .e "Basic 
I aw Enforcement Training Course" is consid- 
ered to be a unit. Each trainee shall attend and 
satisfactorily complete the fuU course during a 
scheduled delivery. The Director may issue prior 
written authorization for a specified trainee's 
limited enrollment in a subsequent dchvery of the 
same course where the trainee provides evidence 
that: 

(1) The trainee attended and satisfactorily 
completed specified class hours and topics 
of the "Baf . ic Rocniit Training — 1-aw- 
Enforcem e nt" courf .e "Basic Law 



Enforcement 



Training 



C^Turse" but 



(2) 



through extended absence occasioned by 
illness, accident, emergency, or other good 
cause was absent for more than ten per- 
cent of the total class hours of the course 
otfering; or 

The trainee was granted excused absences 
by the school director that did not exceed 
ten percent of the total class hours for the 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



630 



PROPOSED RULES 



course offering and the school director 
could not schedule appropriate make-up 
work durina the current course offerina as 
specified in^Rule 12 NCAC lOB .0506(c) 
due to valid reasons: or 
(3) The trainee participated in an offering of 
the "Bai ' ic Rocruit Training — (-aw 
FnforcemL'nt" courf ' ij "Basic I aw 
Fnforcement Training Course" but had 
an identified deficiency in essential know- 
ledge or skill in either one, two or three, 
but no more than three, of the specific 
topic areas incorporated in course content 
as prescribed under Rule 12 NCAC lOB 
.0502(a). 

(b) :\n authorization of limited enrollment in 
a subsequent course delivcPv' may not be issued 
by the Director unless in addition to the evidence 
required by Paragraph (a) of this Rule: 

(1) The sheriff of the agency employing the 
trainee submits a written request to the 
Director, justifying the limited enrollment 
and ccrtif\ing that the trainee's partic- 
ipation shall be accomplished within the 
period of the trainee's probationar\' certif- 
ication: and 

(2) The school director of the prcNious course 
offering submits to the director a certif- 
ication of the particular topics and class 
hours attended and satisfactorily com- 
pleted by the trainee during the original 
enrollment. 

(c) An authorization of limited enrollment in 
a subsequent course deli\er\' permits the trainee 
to attend an offcnng of the "Ba ' MC R e cruit 
Training — {-iwv I'nforcL ' ment" cour ^ ^L ' "Basic 1 aw 
Fnforcement Training Course" commencing 
within 120 calendar da_\"s from the last date of 
trainee participation in prior course deli%cry, but 
only if the trainee's enrollment with active course 
participation can be accomplished within the pe- 
riod of the trainee's probationar> certification: 

(1) The trainee need only attend and satisfac- 
torily complete those portions of the 
course which were missed or were identi- 
fied by the school director as areas of 
trainee deficiency in the prior course par- 
ticipation. 

(2) Following proper enrollment in the sub- 
sequent course oftering, scheduled class 
attendance, and active participation with 
satisfactory achie\ement in the course, the 
trainee would be eUgible for adminis- 
tration of the State Comprehensive F.\- 
amination by the Commission and 
possible certification of successful course 
completion. 



(d) A trainee who is deficient in four or more 
subject-matter or topical areas at the conclusion 
of the course defi\er\' shall complete a subse- 
quent program in its entirety within the trainee's 
prohationars' period. 

Statuton Authority G.S. /^E-4; I7E-7. 

.0508 COMP WRITTEN E.\.\M-B.\SIC L.UV 
ENFORCEMENT TR.MNING COL RSE 

(a) At the conclusion of a school's ofi'ering of 
the ' Basic Recruit "] raining — I-aw linforcoment" 
couroe. "Basic law Imforcement Framing 
Course", an authorized representative of the 
Commission shall administer a comprehensive 
\\ ritten examination to each trainee who has sat- 
isfactonly completed all of the course work. A 
trainee cannot be administered the comprehen- 
sive written examination untU such time as all 
course work is completed. 

(b) The examination shall be an objective test 
consisting of multiple-choice, true-false, or simi- 
lar questions covering the topic areas as pre- 
scnbed in 12 NCAC KIB .0502(a). 

(c) The Commission's representative shall 
submit to the school director within five days of 
the administration of the examination a report 
of the results of the test for each trainee exam- 
ined. 

(d) A trainee shall successfully complete the 
comprehensi\e written examination il' he/she 
achieves a minimum of 70 percent correct an- 
swers. 

(e) A trainee who has fuUy participated in a 
scheduled deliver)" of an accredited training 
course and has demonstrated satisfactor>' com- 
petence in each motor-skill or performance area 
of the course curriculum but has failed to achieve 
the minimum score of 70 percent on the Com- 
mission's comprehensive written examination 
may request the Director to authorize a re- 
examination of the trainee. 

( 1 ) The trainee's Request of Re-examination 
shall be made in writing on the Commis- 
sion's form within 90 days after the ori- 
ginal examination and shall be received 
by the Division before the expiration of 
the trainee's probationar>' certification as 
a deputy sheritT 

[2) The trainee s request for re-examination 
shall include the favorable recommenda- 
tion of the school director who adminis- 
tered the trainee's " Basic Recruit 
Training — I av i ' FnforcL'niL ' nt" course. 
"Basic law Fnforcement Training 
Course". 



(3) .A tramee shall ha\'e only one opportunity 
for re-examination and shall satisfactonlv 



6.U 



6:10 \ORTH CAROLINA REGISTER August 15. I99I 



PROPOSED RULES 



complete the subsequent examination m 
its entirety. 

(4j The trainee will be assigned in writing by 
the division place, time, and date for re- 
examination. 

(5) Should the trainee on re-examination not 
achieve the prescribed minimum score of 
70 on the examination, the trainee may 
not be recommended for certification and 
must enroll and complete a subsequent 
basic training course in its entirety before 
further examination may be permitted. 

Sialuioiy Auihority G.S. I7E-4: I7E-7. 

.0509 SMISF.ACTION Ol- MIMMIM 
rR.\lMN(; KKQl IKKMKNTS 

In order to satisfv the minimum training re- 
quirements for certification as a law enforcement 
officer, a trainee shall: 



( 1 ) achieve a score of 70 percent correct an- 
swers on the Commission - administered 
comprehensive written examination; 

(2) demonstrate successful completion of an 
accredited offering of the "Ikiijio R e cruit 
Training — J-^aw- linforcomont" cours e "Basic 
I aw r.nforcement rraining Course" as 
shown by the certification of the school di- 
rector; 

(.3) demonstrate proficiency in all motor-skill 
and perfonnance subjects by achieving a 
minimum passing grade as specifically es- 
tablished in each of the topical areas in the 
Commission's adopted "Basic Law 
Enforcement Iraining Manual"; and 

(4) obtain the recommendation of the trainee's 
school director that the trainee possesses at 
least the minimum degree of general attri- 
butes, knowledge, and skill to function as an 
inexperienced deputy sheriff. 

Staiutor)^ Authority G.S. I7E-4; I7E-7. 



SECTION .0600 - MIMMLM ST.\M)ARDS OF TRAINING FOR JAILERS 

.0601 JAILER CERTIFIC.VTION COURSE 

(a) I his Section establishes the current minimum standard by uliich Sheriffs' Department personnel 
shall receive jailer training. Ihese rules will serve to raise the le\'cl of jailer training heretotore available 
to law enforcement officers across the state. The Jailer Certification Course shall consist of a minimum 
of 120 hours of instruction designed to provide the trainee with the skills and knowledge necessary to 
perform those tasks considered essential to the administration and operation of a confmement facility. 

(b) Each .Jailer Certification Course shall include the following identified topic areas and approximate 
minimum instructional hours for each area: 



(-44 Oiicntiitiun PiL ' tOL . t 

f^ Gmi Liability m tfe«» .-kwi 

f4-f 44»t* i\muriccLn ht^ fe Origin !+«4 nL ' solopmont 

(-H 1 L'gal Mighl i i i«+4 RL" i pHn '. ibilitie; i Within t+w* Conoctionc . 
Liu ironiiK ' nt 

(->-)■ l'rocL" . ; ' mg liunate ' j: Booking, Intake, Cla!: i' : . ificatiun rt«4 Roloaoo 
I'rocedurL'!} 

f4) TraiT i poilation (-4~ Inmatoii 

f^ W'ntlL ' n CiMnnuimcation 

fXf Introduction k+ (-bt» .Minimum Standard '' fof ti«* Operation »f I ocal 
Confinement luicilitie 'i m- North (Lirctlina 

<r^ R(^l e Conct'pt ' - i , i\tlituder . *h4 Interper '. onui Communication 
f4ft| ni '. ciplinLir. Puicedure ' j m- tfee .^atl 
<-4-l-)- 14-<*¥ cm4 Tool Control 
f4^ Ilo ' . i tage Incident! , wt the .-kwi 
f+ri^ St r e'.-. 

(44+ Recreation ft«4 \if . iting 
(44^ Medical ^4tfe m- t4>e fe4 
(4^ i'atrol *h4 Lmergency Procedure!: . 
(4^ Suicide a«4 .lail ' j 
f+S-f llomoi . exuality afni feik 
(4-U-> SupeP i i ' Uon t-4 Inmates 
(4U+ P .. ;i . chological Dii i orderi . : Pcychotio aB4 N e urotic 

P e r -. onality 
f4+-^ Contraband Searches 



43 hours 
S hours 



4 hours 
4 hours 

i hours 
i hours 
i hours 

4 hour 
4 htuirs 
4 hours 
4 hours 
i hours 
4 hours 
4- hour 
6 hour '. 

4 hours 
6 hours 



6:10 NORTH CAROLIN.A REGISTER Aus^ust 15, I99I 



632 



PROPOSED RULES 



(-3^ Handling ftfe I'morgL'ncioo: ("h e mi ' jtP T aft4 IJ' i acuatiun 4 hours 

^r^M 1 UniLiling -t^ft* I'mergoncion: (,'lut i i i ificution aH4 

1 xtingui '' liing 4 hours 

(54^ I nanned S^ DL ' funso 4S hours 

f5^ I'racticals 4- hew . 

(-2^ Standard 1 ir ^. t Ai4 »f othur commission approi i ud course Jy hours 

(-2^ ("omnuinicublo Disoasos ^ hours 

f4X-^ I ' Il" i il" i V i hours 

(-i^ Testing i- hours 

(4fti I'xam 4 hours 



TOTAI HOURS -y4»}«*«» 

(1) Disciplinan.' Procedures 2 hours 

(2) Contraband Searches 6 hours 

(3) Transportation of Inmates 6 hours 

(4) Processing himates 5 hours 

(5) Patrol an 1-1 rmergencv Procedures 5 hours 

(6) Recreation and N'lMting 2 hours 

(7) Ke\' and lool Control J_ hour 
(S) Stress 2 hours 
(Q) Special Populations 3 hours 

( 1(1) Medical C are in [he Jail jj_ hours 

(11) Standard I irst Aid K hours 

(12) I "narmed Self- Defense IS hours 

(13) W'nllen C?ommunication 3 hours 
( 14) 1 egal Rights and Responsibilities 12 hours 

(15) Ci\'il I lability 2 hours 

( 16) Suicides in tfie Jail 4 hours 

( 17) hitroeiuction to Rules and Regulations Governing Jail 

1 acilities 3 hours 

( 18) Role of the Jailer in Supen.'ision. Communication, and 

Cnsis Management 6 hours 

( 1*-^) I landling 1 ire Pmergencies 16 hours 

(20) hnestigalne Duties of the Jailer 4 hours 

(21) 1 egal Aspects of Cnminal ln\'estigation 3 hours 

(22) 1 estilXing in Court 4 hours 

(23) l'h\sical .Assessment of Jailers 4 hours 

(24) Commission Ixam 3 hours 



OlAl 135 hours 



(c) In addition to the requirements of Paragraph (b) of this Rule, the reading component of a 
standardized test shall be administered to each trainee within the tirst tuo weeks of the Jailer Certif- 
ication Course, and the reading grade le\el reported as a part of tjie trainee s (Mficial training records. 

(d) (-*H- Consistent with the cumculum development polic\ of the C.\)mmission, the Commission shall 
designate the developer of the Jailer Certification Course curricula and such designation shall be deemed 
by the Commission as approval for the developer to conduct pilot Jailer Certification Courses. Indi- 
viduals who successfully complete such a pilot Jailer Certification Course offering shall be deemed to 
ha\e successful!)' comphed with and satisfied the minimum training requirement. 

(e) (4^ The "Jailer Certification Training Nhmuai" as published h\ the North Carolina Justice /\cad- 
emy is hereby adopted by reference and shall automatically include any later amendments and editions 
of the adopted matter as authorized by G.S. 150B-I4(c) to apply as the basic curriculum for the Jailer 
Certification Course. 

(f) fe^ The "Jailer Certification Course M;inagement Guide" as published by the North Carolina 
Justice Academy is hereby adopted by reference and shall aulomaticall)' mclude any later amendments, 
editions of the adopted matter as authorized by G.S. 150B- 14(c) to be used by certified school directors 
in planiung, implementing and deli\ering basic jailer training. Fach certified school director shall be 
issued a copy of the guide at the time of certification at no cost to the accredited school. 



6.?.? 6:10 i\ORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



Statutory Authority G.S. l7E-4(a). 



.0603 K\ ALLATION FOR IKAIMNG \VAI\ER 

(a) The following rules shall be used b\ divi- 
sion staff in evaluating a jailer's training and ex- 
perience to determine eligibility for a \\ai\er of 
training: 

(1) Persons who have separated from a jailer 
position during the probationar>' period 
after having completed a commission- 
accredited jailer training course and who 
ha\'e been separated from a jailer position 
for more than one year shall complete a 
subsequent commission-accredited jailer 
training course in its entirety and success- 
fully pass the State Comprehensive Ex- 
amination within the 12 month 
probationar\^ period as described m 12 
NCAC IOB' .0602(a). 
Persons who separated from a jailer posi- 
tion during their probationar}' period after 
having completed a commission- 
accredited jailer training course and who 
have been separated from a jailer position 
for one year or less shaU ser\'e the re- 
mainder of the initial probationary period 
in accordance with G.S. 17E-7(b), but 
need not complete an additional training 
program. 

Persons wlio separated from a jailer posi- 
tion during the probationar\ period with- 
out ha\iniZ completed a jailer training 
ccuirse or whose certilicatuin was sus- 
pended pursuant to ]_2 NCAC JOB 
.02()4(b)( 1 ) and who ha\e remained sepa- 
rated or suspended for Q\er one \ear shall 
C(nuplete a commission-accredited jailer 
traininu course in its eiitiret\" and success- 



(2) 



ill 



fuliv 



the State Comprehensi\e 1 Ex- 



amination, and shall be allowed a 

month probationary' penod as prescribed 
in 12 NCAC IOB .l)6ll2(a). 

(4) f^ Persons holding Cieneral Jailer Certif- 

ication who ha\e completed a 
commission-accredited jailer training 
course and who have separated from a 
jailer position for more than one year shall 
complete a subsequent commission- 
accredited jailer training course in its en- 
tirety and successfully pass the State 
Comprehensive Examination within the 
12 month probationary period as pre- 
scribed m 12 NCAC IOB .0602(a). 

(5) f+) Persons holding Grandfather Jailer 
Certification who separate from a jailer 
position and remain separated from a 
jailer position for more than one year shall 



be required to complete a commission- 
accredited jailer training program in its 
entirety and successfully pass the State 
Comprehensive E.xamination within the 
12 month probationary period as pre- 
scnbed in 12 NCAC IOB .0602(a). 
(6) f#) Persons transferring to a sheriff's de- 
partment from another law enforcement 
agency who hold a jailer certification is- 
sued by the North Carolina Criminal 
Justice Education and Training Standards 
Commission shall be subject to evaluation 
of their prior training and experience on 
an indisidual basis. The Division staff 
shall determine the amount of training re- 
quired of these appUcants. 
(b) In those instances not specifically incorpo- 
rated within this Section or where an evaluation 
of the applicants prior training and experience 
determines that required attendance in the entire 
Jailer Training Course would be impractical, the 
director is authorized to exercise his/her dis- 
cretion in determining the amount of training 
those persons shall complete during their 
probationary period. 

Statuloiy Authority G.S. I7E-4: I7E-7. 

.0604 TRAINEK ATTKNDANCK 

(a) Each trainee enrolled in an accredited 
"Jailer Training Certification Course" shcdl at- 
tend all class sessions. The sheriff shall be re- 
sponsible for the trainee's regular attendance at 
all sessions of the jailer training course. 

(b) The school director may recognize valid 
reasons for class absences and may excuse a 
trainee from attendance at specific class sessions. 
However, in no case may excused absences ex- 
ceed ten percent of the total class hours for the 
course offering. 

(c) If the school director grants an excused ab- 
sence from a class session, he shaU schedule ap- 
propriate make-up work and ensure the 
satisfactory completion of such work during the 
current course presentation or in a subsequent 
course deliverv as is permissible under 12 NCAC 
IOB .0605. 

(d) A trainee shaU not be eligible for adminis- 
tration of the State Comprehensive Examination 
nor certification for successful course completion 
if the cumulative total of class absences, w ith ac- 
cepted make-up work, exceeds ten percent of the 
total class hours of the accredited course offering 
and should be expediently terminated from fur- 



6:10 NORTH CAROLINA REGISTER August 15, I99I 



634 



PROPOSED RULES 



ther course participation by the school director 
at the time of such occurrence. 

(e) The school director may terminate a trainee 
from course participation or may deny certif- 
ication of successful course completion where the 
trainee is habitually tardy to, or regularly departs 
early from, class meetings or held exercises. 

(f) WTiere a trarnee is enrolled in a program as 
required in 12 NCAC lOB .0601, attendance shall 
be 100 percent in order to receive a successful 
course completion. 

Statutoiy Auihority G.S. l''E-4: I7E-7. 

.0605 COMPLETION OF JAM KR 
CEKIIFICATION COLRSE 

(a) Tach deli\er\" of an accredited ".lailijr 
Truinina" courr .e ".lailcr Certification (\uirse" is 



considered to be a umt. liach trainee shall attend 
and satisfactorily complete a full course dunng a 
scheduled deliver,'. The Director may issue prior 
written authorization for a specified trainee's 
limited enrollment in a subsequent deli\er\" of the 
same course where the trainee provides evidence 
that: 

( 1 ) 7 he trainee attended and satisfactorily 
completed specified class hours and topics 
of the "Jailer Training" course but 
through extended absence occasioned by 
illness, accident, emergency, or other good 
cause was absent for more than ten per- 
cent of the total class hours of the course 
offering; or 

(2) The trainee was granted excused absences 
by the school director that did not exceed 
ten percent of the total class hours for the 
course otTering and the school director 
could not schedule appropriate make-up 
work during the current course offering as 
specified in" 12 NCAC lOB .0604(c) due 
to \'alid reasons; or 

(3) The trainee participated in an offering of 
the "Jailer Certification Course" but had 
an identified deficiency in essential know- 
ledge or skill in either one, two or three, 
but no more than three, of the specified 
topic areas incorporated in the course 
content as prescribed under 12 NCAC 
lOB .0601(b). 

(b) .\n authorization of limited enrollment in 
a subsequent course delivery may not be used by 
the Director unless in addition to the e\idence 
required by Paragraph (a) of this Rule: 

(1) The sheriff of the agency emplo\"ing the 
trainee submits a written request to the 
Director, justifying the limited enrollment 
and certif\ing that the trainee's partic- 
ipation shaU be accomplished within the 



period of the tramec's probationary certif- 
ication; and 
(2j The school director of the previous school 
offering submits to the director a certif- 
ication of the particular topics and class 
hours attended and satisfactorily com- 
pleted by the trainee during the original 
enrollment, 
(c) /^Vn authorization of limited enrollment in 
a subsequent course delivery permits the trainee 
to attend an offering of the "Jailor Training" 
courvL ' "Jailer Certification Cciurse" commencing 
within 120 calend;ir days from the last date of 
trainee participation in prior course deli%'er\', but 
only it the trainee's enrollment with acti\'e course 
participation can be accomplished within the pe- 
riod of the trainee's probationary certification: 

(1) The trainee need only attend and satisfac- 
torily complete those portions of the 
course which were missed or identified by 
the school director as areas of trainee de- 
ficiency in the proper course participation. 

(2) 1 -olio wing proper enrollment in the sub- 
sequent course offering, scheduled class 
attendance and active participation with 
satisfactory achievement in the course, the 
trainee would be ehgible for adminis- 
tration of the State Comprehensive Ex- 
amination by the Commission and 
possible certification of successful course 
completion. 

Statutory Authority G.S. I7E-4: I7E-7. 

.0606 COM!" WRITTEN EXAM - .lAll ER 
CERIIFICATION COl RSE 

(a) At the conclusion of a school's otTering of 
the Juilc'r Training Cour '. o, "Jailer Certification 
Course", an authonzed representative of the 
Commission shall administer a comprehensive 
written examination to each trainee who has sat- 
isfactorily completed all of the course work. .\ 
trainee cannot be administered the comprehen- 
sive written examination until such time as all 
course work is successfully completed. 

(b) The examination shall be an objective test 
consisting of multiple-choice, true-false, or simi- 
lar questions co\'ering the topic areas as described 
in 12 NCAC lOB .0601(b). 

(c) The Commission's representative shall 
submit to the school director within ten days ot 
the administration of the examination a report 
of the results of the test for each trainee exam- 
ined. 

(d) .\ trainee shall successfully complete the 
comprehensi\e written examination if he 'she 
achieves a minimum of 70 percent correct an- 
swers. 



6.^5 



6:10 ^ORTH CAROLIISA REGISTER .Auiiust 15, 1991 



PROPOSED RULES 



(e) A trainee who has fully participated in a 
scheduled delivery- of an accredited training 
course and has demonstrated satisfactory com- 
petence in each motor-skill or performance area 
of the course curriculum but has failed to achieve 
the minimum score of 70 percent on the Com- 
mission's comprehensive written examination 
may request the Director to authorize a re- 
examination of the trainee. 

(1) A trainee's Request for Re-examination 
shall he made in writing on the Commis- 
sion's fomi within 90 days after the ori- 
ginal examination and shall be received 
by the Division before the expiration of 
the trainee's probationary certification as 
a jailer. 

(2) The trainee's request for re-examination 
shaU include the favorable recommenda- 
tion of the school director who adminis- 
tered the trainee's Juilur Training Courf i C. 
".lailcr Certification Course". 

(3) A tramce shall ha\'e only one opportunity 
for rc-examination and shall satisfactonly 
complete the subsequent examination in 
its entirety. 

(4) A trainee will be assigned in writing by the 
Division a place, time, and date for re- 
examination. 

(5) Should the trainee on re-examination not 
aclueve the prescribed minimum score of 
70 on the examination, the trainee may 
not be recommended for certification and 
must enroll and complete a subsequent 
course in its entirety before further exam- 
ination may be permitted. 

Statuton Authority G.S. 17E-4; I7E-7. 

.0607 SAIISI ACTION OF MIMMIM 
TRAIM\(; RKQCIKKMKMS 

In order to satisf\' the minimum training re- 
c]uirements for certification as a jailer, a trainee 
shall: 

(1) achieve a score of 70 percent correct an- 
swers on the Commission-administered 
comprehensne written examination; 

(2) demonstrate successful completion of an 
accredited offering of the Jailer fraining 
Courno 'Jailer Certification Course" as 
shown b\- the certihcation of the school di- 
rector; and 

(3) obtain the recommendation of the trainee's 
school director that the trainee possesses at 
least the minimum degree of general attri- 
butes, knowledge, and skill to function as an 
inexperienced jailer. 

Statutoty Authoritv G.S. I7E-4; I7E-7. 



SECTION .0700 - MINIMUM STANDARDS FOR 
JLSTICE OFFICER SCHOOLS AND TRAINING 
PROGRAMS OR COURSES OF INSTRUCTION 

.0703 ADMINISTRAIION OF JAILER 
CERTIFICAIION COURSE 

(a) The executive officer or officers of the in- 
stitution or agency sponsoring a Jailer Training 
Certification Course shall have primary respon- 
sibility for implementation of these rules and 
standards and for administration of the school. 

(b) The executive officers shall designate a 
compensated staff member who is certified by the 
Commission who may apply to be the school 
director. The school director shall have admin- 
istrative responsibility for planning schcduUng, 
presenting, coordinating, reporting, and generally 
managing each sponsored jailer training course. 

(c) The executive officers of the institution or 
agency sponsoring the Jailer Training Certif- 
ication Course shall: 

( 1 ) acquire and allocate sufficient financial re- 
sources to provide commission-certified 
instructors and to meet other necessary 
program expenses; 

(2) provide adequate secretarial, clerical, and 
other supportive staff assistance as re- 
quired by the school director; 

(3) provide or make available suitable facili- 
ties, equipment, materials, and supplies 
for comprehensive and qualitative course 
delivery, specifically including the follow- 
ing: 

(A) a comfortable, vveU-lighted and venti- 
lated classroom with a seating capacity 
sufficient to accommodate all attending 
trainees; 

(B) audio-visual equipment and other in- 
structional devices and aids necessarv' and 
beneficial to the delivery of effective 
training; 

(C) a library for trainees' use covering the 
subject matter areas relevant to the train- 
ing course, maintained in current status 
and having sufficient copies for con\'en- 
ient trainee access; 

(D) WTiere required by course content, 
provide or make a\ailable facilities, 
equipment, and supplies to provide train- 
ing in physicd and motor-skill exercises 
such as handling disruptive people, CPR, 
handling fire emergencies and cell 
searches. 

Statutory Authority G.S. I7E-4. 

.0704 RESI'ONSIBII ITIES: SCHOOL 
DIRECTORS 



6:10 NORTH CAROLINA REGISTER August 15, 1 99 1 



6.^6 



PROPOSED RULES 



(a) In planning. dc\eloping, coordinating, and 
deli\cnng each commission accredited Jailer 
Training Certification Course, the school director 
shall: 

(I) Formalize and schedule the course cur- 
riculum in accordance with the curriculum 
standards established by the Commission. 

(A) The Jailer Certification Training 
Course shall be presented with a mini- 
mum of 40 hours of mstruction each week 
during consecuti\'e calendar weeks until 
course requirements are completed. 

(B) hi the c\ent of exceptional or emer- 
gency circumstances, the Director may, 
upon written finding of justification, grant 
a waiver of the minimum hours require- 
ment, 

(2j Select and schedule qualified instructors 
who are properly certified by the Com- 
mission. The selecting and scheduling of 
instructors is subject to special require- 
ments as follows: 

(A) No single indi\idual may be scheduled 
to instruct more than 35 percent of the 
total hours of the curriculum during any 
one delivery except as set forth in {2)(B). 

(B) Where the school director shows ex- 
ceptional or emergency circumstances and 
the school director documents that an in- 
structor is qualified to instruct more than 
35 percent of the total hours of the cur- 
riculum, the Director of the Di\ ision ma\' 
grant written approval for the expansion 
of the individual instructional limitation. 

(3) l'ro\ide each instructor with a 
commission-approved course outline and 
all necessary additional infoimation con- 
cerning the instructor's duties and re- 
sponsibilities. 

(4) Re\'iew each instructor's lesson plans and 
other instructional materials for conform- 
ance to established commission standards 
and to minimize repetition and dupli- 
cation of subject matter. 

(5) Shall permanently maintain records of all 
Jailer Training Certification Courses 
sponsored or dch\ered b\ the school, re- 
flecting: 

(.\) Course title; 

(B) Deliver,' hours of course: 

(C) Course dehver>' dates; 

(D) Names and addresses of instructors 
utilized within designated subject-matter 
areas; 

(E) A roster of enrolled tramees, showing 
class attendance and designating whether 
each trainee s course participation was 
successful or unsuccessful; 



(F) Copies of all rules, regulations and 
guidehnes developed by the school direc- 
tor; 

(G) Documentation of any changes in the 
initial course outline, including substi- 
tution of instructors; and 

(FI) Documentation of make-up work 
achieved by each individual trainee, in- 
cluding test scores and methods. 

(6) .Arrange for the timely availability of ap- 
propriate audiovisual aids and materials, 
publications, facilities and equipment for 
training in all topic areas. 

(7) De\elop, adopt, reproduce, and distribute 
any supplemental rules, regulations, and 
requirements determined by the school to 
be necessary' or appropriate for: 

(A) Fffecti\e course deh\"er\"; 

(B) Estabhsliing responsibihties and obh- 
gations of agencies or departments em- 
ploying course trainees; and 

(C) Regulating trainee participation and 
demeanor and ensuring trainee attendance 
and maintaining performance records. 

A copy of such rules, regulations and re- 
quirements shall be submitted to the Di- 
rector as an attachment to the 
Pre-DeUver\' Report of Training Course 
Presentation, Fomi F-7A. A copy of 
such rules shall also be gi\cn to each 
trainee and to the sheriff of each trainee's 
employing agency at the time the trainee 
enrolls in the course, 

(S) If appropriate, recommend housing and 
dining facilities for trainees. 

(9) Not less than 30 days before commencing 
delivery of the course, submit to the 
Commission a Pre-Delivery' Report of 
Training Course Presentation (Form 
F-7A) along with the following attach- 
ments: 

(A) A comprehensi\e course schedule 
showing arrangement of topical presenta- 
tions and proposed instructional assign- 
ments; 

(B) A cop\' of any rules, regulations, and 
requirements for the school and, when 
appropriate, completed applications for 
Professional Fecturer Certitication, 

(C) 'Ihe Director shall re\iew the submitted 
Pre-DeU\cr>' Report together with all at- 
tachments to ensure that the school is in 
comphance with all commission man- 
dated rules and regulations; if school s 
rules are found to be in violation, the Di- 
rector shall notify the school director of 
deficiency, and approval will be withlield 



637 



6:10 NORTH CAROLINA REGISTER Aimmt 15, 1991 



PROPOSED RULES 



(10) 



(11) 



until all matters are in compliance with 
the CoiTunissions' rules. 

Administer the course delivery' in ac- 
cordance with commission-approved pro- 
cedures, guidelines, and standards and 
ensure that the training offered is as effec- 
tive as possible. 

Monitor the presentations of all 
probationary' instructors during course 
dehvery and prepare formal written eval- 
uations on their performance and suit- 
ability for subsequent instructional 
assignments. These evaluations shall be 
prepared on commission-approved forms 
and forwarded to the Commi iii uon Di\i- 
sion at the conclusion of each deli\er\'. 



(i: 



(13] 



(14) 



(15) 



(16) 



Based on this evaluation the school direc- 
tor shall have the added responsibility for 
recommending approval or denial of re- 
quests for General Jail Instructor Certif- 
ication, I imitcd Lecturer Certification or 
Professional Lecturer Certification. 

Monitor the presentations of all other 
instructors during course dehvePv' and 
prepare fonnal written evaluations on 
their performance and suitabihty for sub- 
sequent instructional assignments. In- 
structor evaluations shall be prepared on 
commission-approved forms in accord- 
ance with commission standards. These 
evaluations shall be kept on tUe by the 
school for a period of three years and shall 
be made available for inspection by a 
representative of the Commission upon 
request. 

Administer or designate a qualified per- 
son to administer appropriate tests as de- 
termined necessarv' at various intervals 
during course deliverv'. 

.Maintain direct supervision, direction, 
and control over the performance of all 
persons to whom any portion of the 
planning, development, presentation, or 
administration of a course has been de- 
legated. 

During a dcli\ery of the Jailer Certif- 
ication 1 raining Course, make available 
to authorized representatives of the Com- 
mission fottf three hours of scheduled 
class time and classroom facihties for the 
administration of a written examination 
to those trainees who have satisfactorily 
completed all course work. 

Not more than ten days after receiving 
from the Commission's represcntati\e the 
Report of Lxamination Scores, the school 
director shall submit to the Commission 



a Post-Delivery Report of Training 
Course Presentation (Lorm 7-B). 

Statutory Authority G.S. I7E-4. 

.0705 CERTIFICATION: SCHOOL DIRKCTORS 

(a) yVny person designated to act as, or who 
perlbnns the duties of, a school director in the 
dehvep,' or presentation of a commission- 
accredited jailer training course shaU be and con- 
tinuously remain certified by the Commission as 
a school director. 

(b) To qualify for certification as school direc- 
tor of the Jailer Training Certification Course, 
the applicant shall: 

(1) Submit a written request for the issuance 
of such certification executed by the exec- 
utive officer of the institution or agency 
currently accredited, or which may be 
seeking accreditation, by the Commission 
to make presentation of accredited train- 
ing programs and for whom the applicant 
will be the designated school director. 

(2) Be currently certified as a criminal justice 
instructor by the North Carolina Criminal 
Justice Education and Training Standards 
Commission; and 

(.V) Attend or must have attended the most 
current offering of the school director's 
conference as presented by the Commis- 
sion staff and staff of the North Carolina 
Criminal Justice Education and Training 
Standards Commission and Standards 
Division. 

Statutory Authority G.S. I7E-4. 

SKCTION .0800 - .\C( RKDITA HON OF 

.ILSTICE OFFICER S( HOOFS AND I RAINING 

COLRSES 

.0X03 RFl'OR rS/.IAlFKR CER I COLRSE 
PRESENFAriON/COMIMEriON 

Each presentation of the Jailer Training Certif- 
ication Course shall be reported to the Commis- 
sion as follows: 

( 1 ) After acquiring accreditation for the course 
and before commencing each dcli\er\' of the 
course, the school director shall, no less than 
30 days prior to the scheduled delivery', no- 
tify the Coinmifif ' ion Division of the school's 
intent to offer the triiining course by sub- 
mitting a Prc-Dchver>' Report of Training 
Course Presentation (Eorm F-7A): and 

(2) I'pon completing dcliven,' of the accredited 
course, and not more than ten days after re- 
ceiving from the Commission's represen- 
tative the Report of Examination Scores, the 
school director shall notify the Commi;> . ion 



6:10 NORTH C.AROLIN.i REGISTER .4n^ust 15, 1991 



6.^8 



PROPOSED RULES 



Division regarding the progress and achieve- 
ment of each enrolled trainee by submitting 
a Post-Deli\er\' Report of Training Course 
Presentation (Fonn F-7Bj. This report 
shall also include each trainee's reading 
grade le\el as detcnnincd bv testing required 
in 12 NCAC |i)H .DNiKc). 

Statulon Authority G.S. I7E-4: 17E-7. 

SECTION .0900 - MIMMIM STANDARDS FOR 
JLSTICE OFFICER INSTRUCTORS 

.0901 CFRT/lNSIRl CrORS/BASIC LAW 

FNFORCEMEN 1 I RAINING COl RSE 

The rules covering the certihcation of instruc- 
tors, codified as Title 12, Subchapter 9B, Section 
.0300 of the North Carolina .Administrative 
Code, and previously adopted by the North 
Carolina Criminal Justice Education and Train- 
ing Standards Commission, are hereby adopted 
by reference, and shall automaticalh' include any 
later amendments and editions of the adopted 
matters as authorized by G.S. 15UB- 14(c), to ap- 
ply to actions of the North Carolina Sheriffs' 
Fducation and Training Standards Commission 
with the exception of instructors for the Jailer 
Certification Training Course and instructors for 
the Physical Fitness topical area of the Basic Law 
Enforcement Training Course. 

SiatutoiT Authority G.S. nE-4. 

.0905 IFRMS AND CONDIIIONS OI- 
(;ENFRAL JAILER INSTRLCTOR 
CERTIFICAIION 

(a) .An applicant meeting the requirements for 
certification as a General Jail Instructor shall, for 
the first 12 months of certification, be in a 
probationaPv" status. The General Jail Instructor 
Certification, probationan' status, shall automat- 
ically expire 12 months from the date of issuance. 

(b) The probationar\" instructor wiU be 
awarded full General Jail Instructor Certification 
at the end of the probationary period if the in- 
structor submits to the Commiof i ion: Division: 

(1) a favorable recommendation from a school 
director accompanied by certification on 
a commission-appro\ed Instructor E\'alu- 
ation Form that the instructor satisfac- 
torily taught a minimum of four hours in 
a commission-accredited jailer training 
course during his her probationary year; 
or 

(2) a favorable written evaluation by a com- 
mission member or staff member based 
on an on-site classroom e\'aluation of the 
probationan.' instructor in a commission- 
accredited jailer training course. Such 



e\'aluation will be certified on a 
commission-approved Instructor E\alu- 
ation Form. In addition, instructors 
evaluated by a commission or staff mem- 
ber must also teach a minimum of four 
hours in a commission-accredited JaUer 
Training Course during his, her 
probationaPv' year. 

(c) General JaUer Instructor Certification is 
continuous so long as the instructor submits to 
the Commii i' . ' ion Di\ision every two years: 

( 1 ) a fa\ orable recommendation from a school 
director accompanied by certification on 
a commission-approved Instructor Evalu- 
ation Form that the instructor satisfac- 
torily taught a minimum of four hours in 
a commission-accredited jailer training 
course during the previous two year pe- 
riod. The date General Instructor Certif- 
ication is originally issued is the 
anniversary' date from which each two 
year period is figured: or 

(2) a favorable written evaluation by a com- 
mission member or staff member based 
on a minimum four hour, on-site class- 
room observation of the mstructor in a 
commission-accredited Jailer Training 
(Certification Course. 

(d) If an instructor does not teach a minimum 
of four hours during each two year period fol- 
lowing the awarding of his General Jailer In- 
structor Certification, his her certification 
automatically expires, and the instructor must 
then apply for probationary instructor certif- 
ication status and must meet all applicable re- 
quirements. 

Statutory Authority G.S. /~E-4. 

.0906 PROFESSIONAL LECTFRER 
CERIIFKATION 

la) The Commission may issue Professional 
lecturer Certification to a person in a formally 
recognized profession, i.e., medicine, law, psy- 
chology, who by virtue of their formal academic 
degree(s) have developed special expertise. 

(b) To be eligible for such certification an ap- 
plicant shall present documentary evidence dem- 
onstrating that the applicant has: 

(Ij graduated from an accredited law school, 
medical school or other school accredited 
for conferring degrees in formally recog- 
nized professions acceptable to the Com- 
mission: 
(2j obtain the endorsement of a commission 
recognized .school director who shall: 
(A) recommend the applicant for certif- 
ication as a professional lecturer; and 



639 



6:10 \ORTH CAROLINA REGISTER August 15, 1 991 



PROPOSED RULES 



(B) describe the applicant's expected par- 
ticipation, topical areas, duties and re- 
sponsibilities, 
(c) Only licensed attomeys-at-law holding 
Professional Lecturer Certification may teach the 
following topics: 

(Ij Civil Liability in the Jail; 

(2) Legal Rights and Responsibilities: Within 
t-h** Correction !. I'n' i ironmont. 

(3) I cgal Aspects of Criminal Investitiation. 

Statutory Authority G.S. I7E-4. 

.0908 LIMI IKI) I.KCrLRKR CKRTIFICATION 

(a) The Commission may issue a Limited 
Lecturer Certification to an applicant who has 
dcN'clopcd specific or special skills by \irtue of 
specific or special training. I imited I ccturer 
Certification may be issued in the following top- 
ical areas: 

( 1 j Standard f-irst Aid or other commission- 
appro\ed course; 

(2) Lnarmed .Self Defense; 

(3) Handling lire Lmergencies; Chomi ' . ' tp/ 
i+fni 1 ' . acuiition; 

f-1-)- 1 kindling i4fe Lincrgoncioi . : Clacjification 
ttftd Lxtingui '. hing; 

(4) (^ .Medical Care in the Jail; 

(5) I'liNsical .Assessment of Jailers. 

f^ I'^ . ychological Di i audLM '. ; I' '. ; i cluUic ctH4 

N e urotic I'ur ' jOiuility; 
f^ Communicabl e Di '. L ' a '. L" . ; 
fS^ TnnT ' poilation bI inmulcfl; 
fiJ4 StrL> '... ; 
f444-^ Writlon Communication. 

(b) Jo be eligible for a Limited lecturer Cer- 
tificate for topic areas set forth in Rule .O')OS(a), 
the applicant must meet the qualifications as fol- 
lows: 

(1) Standard Lirst Aid or other commission- 
approved course: Certified Standard Lirst 
Aid Instructor v\ith the American Red 
Cross or a licensed physician, Family 
Nurse Practitioner, Licensed Practical ' 
Nurse (LPN), Registered Nurse (RN), 
Physician's Assistant, or F.MT; 

(2) Inarmed Self Defense: successful com- 
pletion of N.C. Department of Cor- 
rections Specialized Instructor Training - 
Unarmed Self-Defense; certified by N.C. 
Criminal Justice Education and Training 
Standards Commission as specific Cor- 
rections Unarmed Self Defense Instructor; 

(3) Handling Lire Lmergencies; Ch e mif . tiy 
a«4 L ' Vacuiition; Certified l-ire Instructor; 

(-H I landlina 4-4fe L'meiUL ' ncit" . : ('la! .'. itication 



14] 



ill 



(4^ .Medical (^are in a Jail; A Licensed 
Physician, Lamily Nurse Practitioner, 
LPN, RN, or LMT, or Physician's As- 
sistant; 

Physical Assessment of Jailers: certified 
as a Physical L'itness Instnictor by the 
North Carolina ('riminal .lustice Lduca- 
tion and 1 rainina Standards Commission. 



(^ 



I* !. ; . chological Di '. ordLM '. : I' ^. ychotic rtfi4 
N e urotic Pcrr i onalilv: A licuni i cd Piiychia 



tri ' jt. P 'l ychologi ' jt. R > ■ , ef porHon holding 
a dc ' grc ' o vpi counseling, p -. ^chiatrio nurti 



R 



m 



m 



iftgr Bf p '. ychiatnc i . ociul worl;: 
Communicabl e Dit . oa ' . i L ' r . : » licL'ii '. od Phy 
ijiciun. I'Limily Nuroo Pructitionor, LtI- 
conwd Priicticul Nurs e (LPN), RogiL i tcred 
Nuri . o (RN), Phv ' ician's A ^r- ji -. tant. e* 

"1 ran^portation b+ IninatL"- . : A certified 
in ^. tructor w+t+t- t+H^ N(^rth Carolina Crim 
iftai Jui . tico Lducution a++4 Iraining 
iSlandardr . (?ommi 'i'' ion V i ith » minimum 
(*f two yearfi h+ relat e d tw lele' i diit expen 
ence; 

Stie i. L . : A certified inr . tructor with the 
North Carolina Cnminal Ju '. tice Iduca 
$+»ft ti«4 I rainin ' -! Standard ' . ; Commi ' . i'. ion 



1 1 ni 



ttft4 Lxtinguiijliini. 



Certified L4» Im . truc 



with » minimum ef twe- yeur - i t4 related 
(-H= relevant experience; 

Written Communication: A certified m- 
; . tructor Vr+t-h t4+e North Carolina Criminal 
.luL . tice Iducation i*H4 f raining Standard! . 
Commi 'iji ion with a minimum »f two 
year -, of related fvf rele' i cint experience; t+f 
a per '' On i i vith a four year degree v. ith a 
major wi LngU - ih. 



Statutoiy Authority G.S. I7E-4. 

.0909 TKRMS WO CONDITIONS OF A 

I IMIIFO I FCn RFR CFRTIFICA HON 

(a) An applicant meeting the rec]uircinents for 
certification as a Limited Lecturer shall, for the 
first 12 months of certification, be in a 
probationaPv' status. The Limited Lecturer Cer- 
tification, Probationary^ Status, shall automat- 
icalh' expire 12 months from the date of issuance. 

(b) The probationary instnictor will be cHgible 
for full Limited Lecturer status at the end of the 
probationaT)' period if the mstructor, through 
application, submits to the Commission; 

(1) a fa\orable recommendation from a school 
director accompanied by certification on 
a commlssion-approN'ed Instnictor Evalu- 
ation Form that the instnictor taught at 
least four hours (three hoiir 'i e«t4+ fof 
topic ' i ef Str e r . f . , Wntlen Communication 
aft4 Communicable Dir . eagoo) in each one 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



640 



PROPOSED RULES 



(2) 



or more of the topics for which Limited 
Lecturer Certification. Probationar," Sta- 
tus was granted. Such instruction must 
ha\e occurred in a commission-accredited 
jailer training course during the 
probationar)' period. The resuUs of the 
student e\aluation must be considered by 
the school director when determining the 
recommendation; or 

a fa\orable written evaluation by a com- 
mission or staff member, based on an on- 
site classroom evaluation of the 
probationary instructor in a commission- 
accredited jailer training course. Such 
evaluation must be certified on a 
commission-appro\ed Instructor Evalu- 
ation Form completed for L ' Qch one or 
more of the topics where the probationar\- 
instructor taught a minimum of four 
hours, (thr ee lioun . • ju.ch fof topic - : . (4 
Strof . o a«4 Writt e n ConimunicatioiTJ) aft4 
fof V i hich I imitod Locturor Ci. ' nificution 
rantL ' J- 



(2) a favorable written evaluation bv a com- 



(ci fh^ l e nn t4~ cortificaiion rt^ et 1 ull I imitcd 
Lecturer Certification shall be continuous so long 
as all other certifications required in J_2 NC.AC 
lUB .))'-)(iS remain \ alid. and so loni; as the lec- 
turer M_ibmits to the Dnision e\er\ two \ears: 

i^ t-V¥t+ y 

At^ ct ' itifiLLition 



¥^ I nun (4+e dat e ti+e Commi 'i' . ' icMi i '^'^ UL" . 
-1-he certifiCLilu'ii mci' i '' Ub '. L ' 



queiitbi W reiK ' v, ^. ' d t«r t-l+e ( omirii '''' ion k+f tv . o 
y e ar ponod '. . 4-be LippliCLituui fof rL ' nevval '' hall 
contain, m addition te- (4^ requiromL ' nt - j li ' jtod m 
RuIl ' -tl' i ir(b). documentar; . e' l iJoncij t4+erf- t4*# 
applicant hrt-r rL ' inainL ' d active m- t4+e ini ' tructuuuil 
proco! ' ! ' dunii ' j t-l+e prL - sioU '. t' . vii ; . ear penod. 
Such docuinentiip . l" . idL - nco '' hall include, tri- a 
minimum, the folKHving: 

f-1-4 proof th*f- t4w appHcant h*^ ' ■ ' i ithin t4*e 
IV i H year penod preceding apphcvition k+f 
renemil. iiV ' trucled «+ lea i. t four houro 
(three houn . each ft->f lopici . t-4 Strei i O c+h4 
Written Communicutionr . ) » each ef the 
topicfl fof ' ■ vhich 1 iinited Lecturer Cert if 
ication wrH granted ift a comini '''' ii^n 
accredited jailer tritining cour 'i j: i+ft4 
f 1 ) (-2-^ a ta\orable wntten recommendation 
from a school director accompanied bv 
certification on a commission-appro\ed 
instructor e\aluation lorm that the appli 
e«wt- lecturer successfully tauglit at least 
four hours ( thre e hour - j each k+f topic ^ i . e+" 
Strei '' : . nPid Wntten Communicationr . ) in 
e ach one or more of the topics for which 
Lunited 1 ecturer Certification was 
granted ' ■ \ithin durin'i the pre\ious two- 
Near period: or *4 1 united 1 e cturer Cer 
lification. 



mission member or staff member based 
on an on-site classroom observation of 
the lecturer while teaching a minimum of 
four h()urs in one or more of the topics for 
which 1 imited 1 ecturer Certification was 
eranted. 



fd) 1 he date Full I imited Lecturer Certif- 
ication 1^ (^nginalh issued is the anni\ersar\' date 
from which each two-\ear period is fiijured. 

(e) If a lecturer does not teach a minimum of 
four hours dunn^ each tw(i-\ear penod loUowmg 
the awarding of lull I imited I ecturer Certif- 
ication, his her certification automaticallv ex- 
pires, and the lecturer must then appK" for 
probationarN limited lecturer certification and 
must meet all applicable requirements. 

(-4+ I pon appliLLition k*f recerlificatioii. '. uch 
applicant -. sht+H bt* required U* meet t4+e mini 
mum requirement - j t4 t4«^ Section. 

(-e-f ftte tiee ef guest participants h* a delivery 
i-vf (4+^ .lailer Training Cour -. e i^ permi '. sible. 
I lo' .s e' l er. 'i Uch gue '. t pailicipants aw i i ubject Pg^ 
tfee direct on site s . uper^ iMon h+ a commission 
certified in 'i t met or a«4 must be authon/ed by (4+e 
school director. A guest participant ' jhall only 
br* used H+ complement (4+e pnmarr certified m- 
■■ tructor t-4 (4+e topic aw« aftd- shall m se- Vr«v Fe- 
place ihrf- primaP f in ' 4aictor. 

Siantioty Auihoriiy G.S. rE-4. 

.0910 I SE OI- GLEST P.VRTICIF'.WTS 

I he use of guest participants in a deli\er> of the 
Jailer Certification Course is pemiissible. IIow- 
e\er. such guest participants are subject to the 
direct on-site supervision of a commission- 
certified instructor and must be authorized by the 
school director. A guest participant shall only 
be used to complement the primary certified in- 
structor of the topic area and shall in no way re- 
place the primar." instructor. 

Siatuloij Auilwrity G.S. rE-4. 

SECTION .1000 - PROFESSIONAL 

CERIIEIC VIE 1>R0(;RAM FOR SHERIFFS AND 

DEPl lA SllERIEFS 

.1001 PFRFOSE 

In order to recognize the le\el of competence 
of sheriffs and deputy sheriffs serving the sherifts' 
departments of North Carolina, to foster in- 
creased interest in college education and profes- 
sional law enforcement training programs and to 
attract highly qualified mdi\iduals into a law- 
enforcement career, the North Carolina Sheriffs' 
Education and Training Standards Commission 
establishes the Sheriffs and Deputy Sheriffs' Pro- 



641 



6:10 SORTH CAROLINA REGISTER Aiioust L\ 1991 



PROPOSED RULES 



fessional Certificate Program. This program is a 
method by which dedicated sheriffs and deputy 
sheriffs may recei\'e local, state-wide and nation- 
wide recognition for education, professional 
training and on-the-job experience. 

Statutory- Authority G.S. I7E-4. 

.1002 (;knkkal I'R0\ISI0\S 

(a) In order to be eligible for one or more of 
the professional awards, a sheriff or deputy sheriff 
shall first meet the following preliminary quali- 
fications: 

( 1 ) Be an elected or appointed sheriff or be a 
deputy shenff who holds valid Cjeneral or 
Grandfather Certification. A deputy 
sheriff serving under a probationary cer- 
tification is not eligible for consideration. 

(2) The sheriff or deputy sheriff shall be fa- 
miliar v\ith and subscribe to the Law 
Linforccment Code of Ethics. 

(3) If the applicant is a deputy shenff the 
deputy shall be a sworn member of a 
North Crarolina Sheriff's Department, as 
certified in writing by the shenff or be an 
employee of an agency who must be 
sworn by the sheriff" in order to peri'orm 
his duties as certified in writinsi b\ the 
Shenff 

(4) I'lnployees of a North Carolina Sheriff's 
Department who have previously held 
general or grandfather law enforcement 
officer certification but are presently, by 
virtue of promotion or transfer, sen,'ing in 
non-swom positions not subject to certif- 
ication are eligible to participate in the 
Professional Certificate Program, fligi- 
bility for this exception requires contin- 
uous employment with the sheriff's 
department from the date of promotion 
or transfer from a sworn, certified position 
to the date of application for a profes- 
sional certificate. 



(5) Only training and/or experience gained in 
an officer's area of expertise wlU be eligible 
for apphcation to this program, 
(b) Certificates are awarded based upon a for- 
mula which combines formal education, law 
enforcement training, and actual experience as a 
law enforcement officer. These professional cer- 
tificates are appropriate for sworn sheriffs and 
deputy sheriffs. Points are computed in the fol- 
lowing manner: 

(1) Each semester hour of college credit shall 
equal one point and each cjuarter hour 
shall equal two-thirds of a point; 

(2) Twenty classroom hours of commission- 
approved law enforcement training shall 
equal one point; 

(3) Only experience as a sworn member of a 
law enforcement agency or equivalent ex- 
perience shall be acceptable for consider- 
ation; 

(4) Applicants holding degrees will not be 
awarded additicmal points for those de- 
grees and must instead meet the training 
point requirements of this Section 
through completion of law enforcement 
training. 

Statutory Authority G.S. I7E-4. 

AWn BASK LAW KM OKCKMENT 
( KRIII ICAIK 

In addition to the qualifications set forth in 
Rule .1002, an applicant for the Basic Law 
Lnforcement Certificate '. hall have we- k^^ than 
o«e year ef 'i L'nicL', (*ft4 shall: 

( 1) have no less than one year of service; and 

(2) have successfully completed a commission- 
accredited basic law enforcement training 
course; or 

(3) have completed a minimum of 160 hours 
of training In the field of law enforcement. 

Statutory Authority G.S. I7E-4. 



.1004 INTERMEDIATE LAW ENFORCEMENT CERTIFICATE 

(a) In addition to the qualifications set forth in Rule .1002, applicants for the Intermediate Law 
Enforcement Certificate shall possess or be eligible to possess the Basic Law Enforcement Certificate 
and shaU have acquired the following combination of educational points or degrees, law enforcement 
training points and ) ears of law enforcement training experience: 



6:10 NORTH CAROLIN.A REGISTER 



August 15, 1 99 1 



642 



PROPOSED RULES 



Educational Degrees 

Years of Law 
Enforcement Experience 



AA/AS 



6 4 4 



AB/BS 



Minimum Law 
EnforcGmont Training 
Pointo 



^4 



i^ 



Minimum Law 
Enforcement Training 
Points 



IQ 35 50 



23 



Minimum Total 
Education and Training 
Points 



39 69 99 24 



23 



(b) Educational points cLiimed shall have been earned at a technical institute, technical college, 
community college, junior college, college or university accredited as such by the Department of Edu- 
cation of the state in which the institution is located, the recognized national accrediting body, or the 
state university of the state in which the institution is located. 

Statutory Authority G.S. /~E-4. 

.1005 AD\ ANC KD 1 AW ENKORCKMKNT CFRriUCATF 

(a) In addition to the qualilications set forth in Rule .1002. applicants for the Ad\anced Law 
Enforcement Certificate shall possess or be eligible to possess the Intennediate Law Enforcement Cer- 
tificate and shall have acquired the following combination of educational points or degrees, law 
enforcement training points and >'ears of law enforcement experience: 



Educational Degrees 

Years of Law 
Enforcement Experience 



12 9 



A/AS 



AB/BS GRAD./PRO. 



Minimum Law 
Enforcomont Training 
Pointo 



^ 



^^z- 



^ 



Minimum Law 
Enforcement Training 
Points 



35 50 33 



23 



Minimum Total 
Education and Training 
Points 



69 99 33 



27 



23 



643 



6:10 yORTH CAROLL\A REGISTER Aui^ust 15, 1991 



PROPOSED RULES 



(b) Educational points claimed shall have been earned at a technical institute, technical college, 
community college, junior college, college or university accredited as such by the Department of Edu- 
cation of the state in which the institution is located, the appropriate recognized accrediting body, or 
the state university of the state in which the institution is located. 



Statuton' Authoritv G.S. I7E-4. 



.1006 now TO APPLY 

(a) All applicants for an award of the basic, 
intermediate or ad\'anced certificates shall com- 
plete an "Application: Professional 
Certificate/Service Award", (F-6). 

(b) Documentation of education and training 
shall be pro\ided by copies of transcripts, diplo- 
mas. Report of Training Course Completion, 
agency training records, or other venf\"ing docu- 
ments attached to the application. 

(c) Documentation of the applicant's length of 
service shall be pro\ided by certified copies of 
past Oaths of Office, by certified letters of \'erifi- 
cation of employment from present and, or for- 
mer employees (law enforcement agencies), or 
other \erifying documents attached to the appli- 
cation. 

(d) The applicant shall submit the ".Applica- 
tion: Professional Certificate Service Award", 
(I'-6j to b«T 'i liL'riff the agencN head who shall at- 
tach his recommendation and forward the appli- 
cation to the Comnii 'i'. ion. Di\ision. 



Certificates will be issued to the ■i liL - nlT as^encN 
head for award to the applicant. 

Siatiitoty Authority G.S. I7E-4. 

SK.CTION .1 100 - SIIKKll I S' AM) .n STICK 
OH< ICKRS' SKRMCK AW AKD PROGRAM 

.1101 PI RPOSE 

In order to recognize Sheriffs' and Justice Offi- 
cers' loyal and competent service to a particular 
sheriff's department, and also to the State of 
North (Carolina, the Commission establishes the 
Sheriffs' and Justice Officers' Ser\'ice Award 
Program. This program is a method h\ which 
dedicated officers may recei\e local, state-wide (I) 

and nation-uide recognition for their loyal and 
competent law enforcement scr\ice. 

Statiitofj Authorhy G.S. I7E-4. (2) 

.1 103 INTKRMF.DI.VTF. SFRMCE AWARD 

In addition to the qualifications set forth in (3) 

Rule .1102 an applicant must ha\'e ser\ed a 
minimum of 15 years as a certified justice officer. 
Bf "^"cars of senice as an elected or appomted 
shentl are also applicable. 

Slatulory Authority G.S. I7E-4. 



.1 104 AD\ VNCF.D SERVICK AW.VRD 

In addition to the qualifications set forth in 
Rule .1102 an applicant must have served a 
minimum of 20 years as a certified justice officer, 
ef ^"ears of sen.'ice as an elected or appointed - 
shentf are alst^ :ipplicablc. 

Statutoiy Authority G.S. I7E-4. 

.1105 now TO APPLY 

(a) AH applicants for either the Intermediate 
Service Award or the Advanced Service Award 
shall complete an "Application: Professional 
Certificate Service Award," (l'-6). 

(b) Documentation of the applicant's length 
of service shall be prosided by certified copies of 
past Oaths of Office, by certified letters of verifi- 
cation of employment from present and/or for- 
mer employers (law enforcement agencies), or 
other \erif)ing documents attached to the appli- 
cation. 

(c) I'he applicant shall submit the application 
to 14^ i i henff the agencN' head who shall attach 
his recommendation and forward the application 
to the Di\ision. The Sersice Award will be is- 
sued to the ' . . heriff agency head for presentation 
to the applicant. 

Statutory! Authority G.S. I7E-4. 

SFCFION .1200 - I'ROFFSSIONAL 
CFRI IFKAI L PR()(;RAM FOR JAILFRS 

.1202 GENERAL PROMSIONS 

(a) In order to be eligible for one or more of 
the jailer professional awards, a jailer shall first 
meet the following preliminan' qualifications: 



Be a jailer who holds vahd general or 
grandfather certification. A jailer serving 
under a probationary' certification is not 
eligible for consideration. 
The jailer shall be familiar with and sub- 
scribe to the Law Enforcement Code of 
Ethics. 

Employees of a North Carolina Sheriff's 
Department who have pre\iously held 
general or grandfather jailer certification 
but are presently, by virtue of promotion 
or transfer, sersing in positions not sub- 
ject to certification are eligible to partic- 
ipate in the Professional Certificate 
Program. Eligibility for this exception 



6:10 NORTH CAROLINA REGISTER August 15, 1 991 



644 



PROPOSED RULES 



requires continuous employment with the 
sheriff's department from the date of pro- 
motion or transfer from a certified posi- 
tion to the date of application for a 
professional certificate. 
(4) ()nl\ training and or experience gained in 
an officer's area of expertise will he eligible 
for application to this program, 
(b) Certificates are awarded based upon a for- 
mula which combines formal education, training, 
and actual experience as a jaiJcr. Points are 
computed in the following manner: 

( 1) l-ach semester hour of college credit shall 
equal one point and each quarter hour 
shall equal two thirds of a point; 



(2) Twenty classroom hours of commission- 
approved training shall equal one point; 

(3) Only experience as a member of a law 
enforcement agency or equivalent experi- 
ence shall be acceptable for consideration; 

(4) .Applicants holding degrees will not be 
awarded additional points for those de- 
grees and must instead meet the training 
point requirements of this Section 
through completion of training in the held 
of jails or corrections. 

Statuton Authoritv G.S. I7E-4. 



.1204 INTF.RMEDI.\TF, JAILER PROFESSIONAL CERTIFIC.VTE 

(a) In addition to the qualifications set forth in Rule .1202. applicants for the Intermediate Jailer 
Professional Certificate shall possess or be eligible to possess the Basic Jailer Professional Certificate 
and shall ha\e acquired the follow mg combination of educational points or degrees, jajl or corrections 
training points and \ears of jailer experience: 



Educational Degrees 



AA/AS 



AB/BS 



Years of Jailer 
Experience 



Minimum Training 
PointD 



^ 



Minimum Jailer 

Training 

Points 



16 



24 



23 



Minimum Total 
Education and Training 
Points 



13 23 33 



24 



23 



(b) Lducational points claimed shall ha\c been earned at a technical institute, technical college, 
community college, junior college, college or university accredited as such by the Department of Edu- 
cation of the state in which the institution is located, the recognized natioiKd accrediting body, or the 
state university of the state in which the institution is located. 

Staluloiy Authoritv G.S. I^E-4. 

.1205 AD\ ANCED JAILER PROFESSIONAL CERTIFICATE 

(a) In addition to the qualifications set forth in Rule .1202. applicants for the Ad\anced Jailer Pro- 
fessional Certificate shall possess or be eligible to possess the Intennediate Jailer Professional Certificate 
and shall have acquired the following combination of educational points or degrees, jaH or corrections 
training points and years of law e nforc e ment jailer experience: 



645 



6:10 AORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



Educational Degrees 



A/AS 



AB/BS GRAD./PRO. 



Years of Jailer 
Experience 



12 9 



Minimum Training 
PointD 



Sr^ 



34 



^ 



Minimum Jailer 

Training 

Points 



12 16 27 



26 



26 



Minimum Total 
Education and Training 
Points 



23 33 27 



26 



26 



(b) I'ducational points claimed shaU have been earned at a technical institute, technical college, 
community college, junior college, college or university accredited as such by the Department of Edu- 
cation of the state in which the institution is located, the appropriate recognized accrediting body, or 
the state university of the state in which the institution is located. 



Statutory Authority G.S. I7E-4. 

SECTION .2100 - .ILSTICK OFFICERS' 

FIREARMS IN-SERMCE IKAIMNG 

REQl ALIFICATION PROGRAM 

.2104 IN SERVICE FIREARMS 

REQl AIIFICAIION STECIFICATIONS 

(a) AU justice officers who arc authorized by 
the sheriff to carry a handgun shall qualify a 
minimum of once each ye;ix with each handgun 
that the officer is authorized to carry while on 
duty on a commission-approved day and night 
course, as foUowo: 

f4-) ftȴ couroo ef fife ' jhall include' a4- a mini 
mum }*«4- ftf4 limiunl t+* tW rnundf i uf . ing 
duty aminunitum Hf duty typi. ' ammuni 
tit+ft ' ■ ' ■ ith t+H» 'l umc ' ii pt'citicuticjnr f a»- thoco 
found Wt Ae duty ammunition authorized 
by At» DL'partmi'nt fof tl+e r ^ pocifio 
weapon; firing »* round 'i fium throo 
yard^: -1-3 round ', from '. L ' son yard -. ; 4* 
round f . from 14 yard^ . ; st* roundr . from 34 
yurd; . . I'iring i . hould tn* timed firing (i. e ., 
draw ȴ!<^ fife two- round r . vpt throe see- 
ond i. ). I'iring ; . h(mld t>e from a ' . anL ' ty ©f 
por . itionr . . |Ivxampl e : f i tanding, knt'oling, 
pro no (ur . ing ' ■ ariou ' . . coser por . ition ; ; . ).] 

Niglit oourw ef fi+e ^. hall includ e at- a 
minimum fi«4- Bet- limited to tW rounds 
u^ . ing duty ammunition Bf duty typo afH- 



munition with tfie name spocificationf . a* 
tho '. o found m tfie duty ammunition aa- 
thorizod hy- the I^upartmont fi+f tfie ; . po 
eifie w e apon; firing si* round - j from thro e 
yardr . ; h* roundr . from five yardr . ; 44 
roundii from noson yard ;. ; aft4 4* roundr. 
from -14 yardr . . I'iring r . hould tn* timod 
firinu (i.e.. draw aH4 fife Vvtb- round; . i» 



f^ 



throo L . econdr . ). I'iruig ' . . hould be from a 
variety ef po '. itionu. [I'xamplo: r . landing. 
knooling, pro no (variou ' , . cover po ' . . itioni . ).| 
I ' iring mu ;. t occur und e r ' ■ ariour . light 
conditions to include total darknos ;. ; ' ■ ohi 
t4e W«e light; ' l ohiclo head liglit; ftft4 all 
a' l ailablo liglits. 
(b) AU justice officers who are issued, or oth- 
erwise authorized by the sheriff to carry a shot- 
gun, rille, or automatic weapon shall be retiuired 
to qualify with each weapon respectively a mini- 
mum of once each year on a commission- 
approved course of fire. *s follows: 

{Arf Shotgun course erf fife shall include at- a 
minimum btrt- Fto4- limited to five rounds 
u ;. ing duty ammunition »f duty typ e afH- 
munilion w+tfi the same specifications a* 
those found » tfie duly ammumtion a«- 
thorized by tbe Departm e nt fi*f tbe sf»e- 
eifie vi i eapon; firing t-we- rounds from -14 
yards; throo rounds from 34 yards. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



646 



PROPOSED RULES 



f^ RjIIl ' coiir '. o e4^ foe c . hall LnckidL' a4- a- min 
imum l*«+ H+*4- limitL'd k* firin i j frv-e nMinJ -. 
frw+H- a mininuim >Ji '. ta»c e t4 ^ yarJ -i . 
44+e aminunilicHi U '. ed chall ^ duty ;««- 
muniticm: b* July type ammunition with 
t4+t» ■' (un e '^ pt ' Lit'icatuMT . c*^ tho 'i i * lound h+ 
t+k* duty ammunition authorb^^jd t*y t4+c' 
Di- ' pculmL ' nt J++f l4*f ^ ■ |X ' ci^lo wcajion- A4i 
rounds fir e d fof the record ^ . hall t*e llr e d 

li I 111* It? .' .' 1 1 till I TTTT Tttr^i?'? 

f^ Automatic cour '. L' i+f fo* '' hall include' »4- a- 
minimum t*«4- rt<-4 limiti.'d k* firing i^ 
round ' j tt4- tt maMinum (-4 :^ yard ;. . 44+e 
ammunition U '.e d ■ . . hull t>t» duty ammuni 
tion: »f dut) tyjio ammunition ' ■ sith t4+e 
w*H+e ' jiTt- ' cification" as tho '. i. ' lound h+ (4+e 
dutv Limmunilion Liullion;'i. ' d h\- (4+e Pe- 
pailniL ' iil fef l-be i . pL ' cific vv^ ' apon. 

(c) AU justice officers who arc authorized by 
the sheriff to carry off duty handguns shall qual- 
ify with their off duty handgun a minimum of 
once each year pursuant to Rule .2104(a) with 
each handgun the officer carries off duty using 
ammunition approved by the sheriff. 

(d) All justice officers who are issued or ha\e 
access to any weapons not stated in this Rule 
must qualify with these weapons once each Near 
using ammunition approved by the sheriff. The 
course of fire must be submitted and appro\ed 
by the Director prior to qualification. 

(e) In cases where rcduccd-si/ed targets are 
used to simulate actual distances, a modified 
course of fire may be used. Ihe proposed course 
of tire must be submitted to and approved by the 
Director prior to qualification. 

(f) To satisfy the minimum training require- 
ments for all in-service firearms requalifications, 
a justice officer shall attain a minimum quali- 
fication score of 70 percent accuracy with each 
weapon once in three attempts with no more 
than three attempts on each course of fire per 
da\. 

(u) I he in-Ser\ice lireanns Qualification 
Manual ' as published bv the North Carolina 
■kistice .\cadem\' is hereby adopted bv reference. 
and shall automaticalK include an\' later amend- 



ments or editions of the adopted matter as au- 
thorized bv (}..S. 150B-14(e). to apply as a 
minimum guide for conduclina the annual in- 
serMce lirearms qualitication. Copies of the 
publicatuin ma\ be inspected m the Pulsion and 
may be obtained Irom the North Carolina .lustice 
AcademN . 

Statutoij Authoritv G.S. 17E-4; I7E-7. 



TITLK 15A - DEPARTMKNT OF 

KNA IRONMKM. HKAI IH, AND 

NA IL RAL RKSOL RCES 

l\ otice is hereby gh-en in accordance wiih G.S. 
I SOB- 1 2 that the Sorlh Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as IS. 4 SC.iC I OB .0106. .0401 - .0406; 
I OH .0/02; and adopt nde(s) cited as ISA \CAC 
lOB .0409. 



Tk 



he proposed effecthe date of this action is De- 
cember I. 1991. 



Ti, 



he public hearing will be conducted at 9:00 

a.m. on September 16. 1991 at Room 386. 

.Irchdale Building. S/2 .\. Salisbury Street, 
Raleioh. .\C 27604-1 1 SB. 



Co 



ammcnt Procedures: Interested persons may 
present their views either orally or in writing at the 



he, 



In addition, the record of hearing will 



be open for receipt of written comments from 
September 2. 1991 to October I. 1991. Such 
written comments must be delivered or mailed to 
the S.C. Wildlife Resources Commission. 512 .\ . 
Salisbwy St.. Raleigh. \C 27604-1 ISS. 

CHAPTER 10 - Wll DLIFE RESOURCES AND 
WATER SAFETY 

SI IK IIAI'IER lOK - HI NTING AND 
IRAPIMNG 

SECTION .0100 - GENERAL REGLL.ATIONS 

.0106 Wll Dl IKE lAKEN FOR DEl'REDA FIONS 
OR A( CIDEM A^F^ 

(a) Depredation Pennit; 

(Ij Endangered or Tlireatened Species. No 
permit shall be issued to take an\' endan- 
gered or threatened species of wildlife 
listed under 15A N'CAC 101 by reason of 
depredations to property. An individual 
may take an endangered or threatened 
species in immediate defense of his own 
Irfe or of the lives of others without a 
permit. /Vny endangered or threatened 
species which ma\' constitute a demon- 
strable but nonimmediate threat to hu- 
man safety shall be reported to a federal 
or state wildlife enforcement officer, who. 
upon verification of the report, may take 
or remove the specimen as pro\ided by 
15A NCAC 101 .0002. 

(2) Other Wildlife Species. Except as pro- 
vided in Subparagraph (1) of this Para- 
graph, the executi\'e director of the 



647 



6:10 SORTH CAROLIN.A REGISTER .Aui^ust 15, 1991 



PROPOSED RULES 



Wildlife Resources Commission may, 
upon application of a landholder and after 
such investigation of the circumstances as 
he may require, issue a permit to such 
landholder to take any species of wildlife 
which is or has been damaging or de- 
stroying his property provided there is ev- 
idence of substantial property damage. 
No permit may be issued for the taking 
of any migratorv" birds and other federally 
protected animals unless a corresponding 
valid U.S. I'ish and Wildlife Service 
depredation permit has been issued. The 
permit shall name the species allowed to 
be taken and, in the discretion of the 
Executive Director, may contain limita- 
tions as to age, sex or any other condition 
within the species so named. The permit 
may be used only by the landholder, ex- 
cept that, upon written request of the 
landholder and when it is conclusively 
determined on the basis of information 
submitted by him that he is incapable of 
accomplishing the necessary control with- 
out help, the names of additional persons 
may be entered upon the permit by the 
Executive Director as authorized users. 
(3) Taking Without a Permit. Except as 
provided in Subparagraph ( 1 ) of this Par- 
agraph, a landholder may take wUdlife 
except migratoPv' birds and other federaUy 
protected animals upon his own land 
without a permit during closed season on 
the species involved only when such 
wildlife IS in the act of damaging or de- 
stroying the property of such landholder. 

(b) Term of Permit. Each depredation permit 
issued by the Executive Director shall have en- 
tered thereon a date or time of expiration after 
which date or time the same shall become invalid 
for any purpose, except as evidence of lawful 
possession of any wildlife that may be retamed 
thereunder. 

(c) Manner of Taking: 

(1) Taking Without a Permit. Wildlife taken 
without a permit while committing 
depredations to property may, during the 
open season on the species, be taken by 
the landholder by any lawful method. 
During the closed season such depredating 
wildlife may be taken without a permit 
only by the use of firearms. 

(2) Taking With a Permit. Wildlife taken 
under a depredation permit may be taken 
onh' by the method or methods specif- 
ically authon/cd by the permit. The only 
methods that may be authorized in taking 
game species, other than foxes, is by the 



use of firearms and live traps. The permit 
may authorize the taking of foxes, 
furbearing animals, and nongame animals 
or birds by the use of firearms or traps, 
including steel traps. When trapping is 
authorized, in order to limit the taking to 
the intended purpose, the permit may 
specify a reasonable distance from the 
property sought to be protected, accord- 
ing to the particular circumstances, within 
wliich the traps must be set. The Execu- 
ti\e Director may also state in a pennit 
authorizing trapping whether or not bait 
. may be used and the type of bait, if any, 
that is authorized. In addition to any 
trapping restrictions that may be con- 
tamed in the permit the method of trap- 
ping must be in accordance with the 
requirements and restrictions imposed by 
G.S. 113-291.6. No depredation permit 
shall authorize the use of poisons or pes- 
ticides in taking wildlife except in accord- 
ance with the provisions of the North 
Carolina Pesticide Eaw of 1971, the 
Structural Pest Control Act of 1955, and 
Article 22A of Chapter 1 13 of the General 
Statutes of North Carolina. No 

depredation permit shall authorize the 
taking of wildlife by any method by any 
landholder upon the lands of another. 
(3) Intentional Wounding. It is unlawful for 
any landholder, with or without a 
depredation permit, intentionally to 
wound a wild animal in a manner so as 
not to cause its immediate death as sud- 
denly and humanely as the circumstances 
permit, 
(d) Disposition of Wildlife Killed Taken: 

(1) Generally. Except as provided by the 
succeeding Subparagraphs of this Para- 
graph, any wildlife killed accidentally, 
without a permit while committing 
depredations, or under a depredation per- 
mit, shall be buried or otherwise disposed 
of in a safe and sanitar>' manner on the 
property of the landholder in whose name 
the pennit is issued or who kills such 
wildUfe while committing depredations. 

(2) Deer. /\ny landholder who kills a deer 
under a currently valid depredation permit 
for deer must report such kiU within 24 
hours and before the deer is butchered for 
consumption to a wildlife enforcement 
officer, who upon detennining that the kill 
was lawfully made within the scope of the 
pennit and if so requested by the 
permittee, shaU provide the permittee a 
written authorization for his own private 



6:10 i\ORTH CAROLINA REGISTER Aiii^ust 15, 1991 



64S 



PROPOSED RULES 



(3) 



(4) 



(5) 



use of the edible portions of the carcass. 
The noncdibie portions of the carcass, in- 
cluding head, hide, feet, and antlers, shall 
be disposed of as specified in Subpara- 
graph (1) of this Paragraph or turned over 
to a uildlife enforcement officer for dis- 
position. When a deer is accidentally 
killed on a road or highway by reason of 
collision with a motor vehicle, the law 
enforcement ofilccr who in\'estigates the 
accident shall, upon request of the opera- 
tor of the vehicle, provide such operator 
a written permit authorizing him to pos- 
sess and transport the carcass of such deer 
for his personal and lawful use, including 
dcli\erv' of such carcass to a second person 
for his pri\ate use upon endorsement of 
such permit to such person by name and 
when no money or other consideration of 
value is recei\ed for such delivery or 
endorsement. 

Fox. Any fox killed accidentally by a dog 
or dogs, motor vehicle, or otherwise shall 
be disposed of as provided by Subpara- 
graph (I) of this Paragraph. Any fox 
tukL'n killed under a depredation permit 
may be disposed of in the same manner, 
or upon compliance with the fur taizging 
requirements of 15A NCAC lOB .0400, 
the carcass or pelt thereof may be sold to 
a licensed fur dealer. Anv live fox taken 
under a depredation pennit ma\ be sold 
to a licensed controlled hunting presen.e 
for lo\ in accordance with GS. 
113-273(g). 

lurbearing Animals. The carcass or pelt 
of any furbearing animal killed during the 
open season for taking such furbearing 
animal either accidentally or for control 
of depredations to propert\', whether with 
or without a permit, may upon compli 
anco with afty required few tagging Fe- 
quir e nu ' nt s«4 ferth i» 44A NCAC 44J& 
.11 111 (1 . be sold to a licensed fur dealer 
provided that the person offering such 
carcass or pelt for sale has a \alid hunting 
or trapping license, pro\ided further that, 
bobcats and otters may onh be s(^ld upon 
compliance with an\ required fur tagging 
requirement set forth m 15--\ NCAC lUB 
.0400. 

Nongame Animals and Birds. Nongame 
animals or birds killed accidentally or for 
control of depredations may be disposed 
of as pro\ided by Subparagraph (1) of this 
Paragraph or in an\' other safe and sani- 
tarv manner. 



(e) Reporting Requirements. The killing and 
method of disposition of every game animal and 
game bird, every furbearing animal, and every 
nongame animal or nongame bird for which 
there is no open season, when killed for com- 
mitting depredations to property, either with or 
without a permit, shall be reported to the Wildlife 
Resources Commission within 24 hours follow- 
ing the time of such killing, except that when the 
carcass or pelt of a fox, killed under a depredation 
permit, or of a furbearing animal, killed with or 
without a permit, is lawfully sold to a licensed fur 
dealer in this State the fur dealer is required to 
report the source of acquisition and no report is 
required of the seller. 

Statuton' Authoritv G.S. 113-134; 113-273: 
ll3-2:'4: II3-29I.4; 113-291.6; 113-300.1; 
113-300.2. 

SECTION .0400 - T.\GGING FLRS 

.0401 DEFINITIONS 

As used in this Section, the following definitions 
shall apph': 

(1) "Affix", when used in reference to attach- 
ment of a fur tag to the carcass or pelt of an 
animal, means permanent attachment of the 
tag through some portion of the carcass or 
pelt in such a manner as not to be remova- 
ble without damage to the tag; 

(2) "Carcass" means the dead body of an ani- 
mal from wliich the pelt thereof has not 
been removed; 

(-^ "Furbearing animal" meano asy wil4 afii- 
malfi lifted » Paragraph (^4 ef Rule .0103 
ef tfe» Section; 

(3) f4)- "Fur dealer" means any person who is 
licensed under the provisions of Paragraph 
(0 of Section 113-273 of the GcnerafStat- 
utes of North Carolina; 

(4) (^ "Pelt" means the fur, hide, or skin of a 
furbeanng an animal which has been re- 
mo\ed from the carcass thereof, but does 
not include a finished product which has 
been manufactured from such fur, hide or 
skin or is in the actise process of such man- 
ufacture; 

(5) {4^ "Person" means any indi\idual, firm, 
corporation or association which is author- 
ized by law to act as an entity. 



Statutory Authoritv G.S. 
113-2^3; 113-291.4. 



113-129; 113-134; 



.0402 T.\GGING FLRS 

(a) Except as provided in Rule .0404 and .0405 
of this Section, it is unlawful to transport or to 



649 



6:10 NORTH C.AROLIN.A REGISTER .Aufrust 15, 1991 



PROPOSED RULES 



buy, seU, barter, trade, or otherwise transfer pos- 
session or ownership of the carcass or pelt of any 
furboaring animal bobcat, otter or fox without 
having affixed to such carcass or peh an individ- 
ual tag provided by the North Carolina Wildlife 
Resources Commission. Each such tag shall 
bear a serial number and shall indicate the season 
during which, and the species of animal for 
which, its use is authorized. 

(b) It is unlawful for any person to import into 
this State the carcass or pelt of any otter or 
wildcat bobcat which has not been previously 
affixed with a tag required and supplied by the 
state in which the animal was taken. 

Authority G.S. 113-134; 113-273; 113-276. 1; 50 
C.F.R. 23; 87 Slat. 8S4. 

.0403 APPLICATION FOR TAGS 

(a) Furb e arcr Fur tags shall be distributed in 
response to applications made on forms supplied 
by the Commission. Such application must 
show the name and address of the applicant and 
such other information as may be required in the 
discretion of the Executive Director, te »SM*t- ift 
estimating Ae dir . tribution aft4 annual harvof . t ef 
furbonring animalf . i» t+»e State »ft4 » e nforcing 
the lawo aft4 regulations relating to t+H* cons e r 
vat ion (4 furb e ar e rs. 

(b) Ihe Executive Director may, in his dis- 
cretion, provide for the issuance of furbearer fur 
tags directly from the Commission headquarters 
or througli authorized agents, or both. 

(c) When fuibearor fur tags arc issued by agents 
such agents shall be entitled to retain 10 percent 
of the fee charged not to exceed a maximum of 
twenty cents ($0.20) for each tag issued as com- 
pensation for their scr\'iccs. The fees to be 
charged for each furboarer fur tag are as follows: 



Species 



Bobcat (Wildcat) 
Otter 



Fee 

2.20 
2.20 



Fur tag agencies shall be instruments of public 
service, the function of which is to provide ready 
access to the required tags by any hunter, trapper 
or fur de;iler having need of them. No fur tag 
agent having appropriate fur tags on hand shall 
refuse to sell them to any applicant during such 
agent's regular business hours. No such agent 
shall impose any additional condition or require- 
ment for his services as such or charge, either di- 
rectly or indirectly, any price for a fur tag in 
excess of that specified in this Paragraph. 

(d) When an open season with harvest limita- 
tion for taking foxes with traps or weapons is 



estabUshed in accordance with G.S. 113-291.4, 
application for permits to participate must be 
made to the Commission on forms available 
from liconf i O agunto. the Commission. If the 
number of applicants for an area of open fox 
season exceeds the maximum number authorized 
for the area, the successful applicants will be 
picked by random computer selection. If there 
are two or more areas of open fox season, a 
trapper or hunter will be authorized to purchase 
fox tags for use in only e«e such »f#a those areas 
which may be selected by him on his application 
in order of alternate preferences, and such fox 
tags shaU not be valid for use on foxes taken in 
any other area. A fixed number or quota of fox 
tags will be reserved for purchase by each suc- 
cessful applicant, a4- a e*+^ ef Hv-e- doUarii cm4 
twenty fiso c e nts ($2.25) pef ftwi tegr until a 
specified date after which any quotas not pur- 
chased will be made available as additional quo- 
tas to other permit holders for the same area on 
the basis of one additional quota each, first come 
first ser\'ed. The carcasses or pelts of foxes law- 
fully taken and lawfully tagged in an area of open 
fox season, m accordance with +^A N(jj\C +t)ft 
.0212 aft4 those taken under a depredation per- 
mit, when properly tagged, and those taken under 
a local law that permits fo.xes to be sold may be 
sold; proNidcd that this Paragraph shall not au- 
thorize the sale of carcasses or pelts of foxes 
taken under a depredation permit in any county 
in which the sale of foxes or parts thereof is pro- 
hibited by local law . 

Statutory .Authority G.S. 113-134; 113-273; 
1 13-276.1; 1 13-291.4. 

.0404 TRAPPERS .\ND IILNTERS 

(a) Ever\' fox taken in an area of open season 
as pro\ided by Paragraph f4^ »f Rule .0103 »f 
t4«* S e ction G.S. 1 13-291.4 shall be tagged at the 
scene of taking. Fver> person taking any 
furboaring animalt t bobcat or otter in this State, 
or any foxes under a depredation permit, or local 
law that permits taking, shall obtain the neces- 
sary' tags and affix each carcass or pelt with a 
proper tag before selling or transferring the same 
to any other person or transporting the same for 
any purpose, except that: a resident may trans 
pH-H* t^ sam e from t4*e place t+f taking k* te 
residence »ft4 from fe residence to a fof tag 
agent, afwi afty person may transport ti*e sam e 
from the place e4^ taking to t4*e nearest place m 
t4«* State where the approiinate tag may be eb- 
tained. 

( 1) A person mav transport the same from the 
place of taking to his residence and from 



6:10 NORTH CAROLINA REGISTER August 15, 1 991 



650 



PROPOSED RULES 



his residence to a fur tag a^ent or 
taxidermist's place of business. 

(2) A person may transport the same from the 
place ot^ takinij to the nearest place in this 
State where the appropriate tag may be 
obtained. 

(.1) riie carcass, pelt or mounted specunen is 
exempt tr()m tatzanjj requirements while 
in the taxidermist's place of business or 
alter the mount is completed. 

(4) A licensed trapper may lake li\e foxes 
dunna any leual trapping season, except 
foxes taken under (i.S. 1 13-2^M.4. without 
taiinin.H them and sell them to a licensed 
controlled hunting preser^^e for fox in ac- 
cordance with (j.S. 1 l.V27.M,i.:). 

(5) A person ma\ take li\e foxes pursuant to 
a valid depredation penmt issued under 
Ci.S. 1 l.V274(c)( la), without ta.gmnu them 
and sell them to a licensed controlled 
hunting preserve for ft)X m accordance 
with G..S. ll.V27.V>;). 

No carcass or pelt of any furbeannij: animal 
bobcat, otter or fox taken vvithm this State may 
be removed from the state without a proper fur 
tag having been affixed thereto, except a licensed 
taxidermist may ship the same to a tannery for 
processing. Any carcass or pelt remaining in a 
person's possession, except those in a licensed 
taxidemiist's place of business or hjis taxidermv 
preseryation facility, after the end of the season 
shall be properly tagged by him witliin lU days 
following the close of such season. 

(b) In any case where the taking of foxes with 
weapons or traps and the sale thereof is author- 
i7,ed by local legislation, except !i\e foxes taken 
by licensed trappers who li\'e-trap foxes for sale 
during an\ open season or persons who take lu'c 
foxes pursuant to a depredation pennit in ac- 
cordance with Rule .040'^) of this Section, the 
hunter or trapper taking any such fox shall, in the 
absence of a specific pro\ision to the contrary, 
obtain and affix the carcass or pelt with a proper 
tag before sellmg or transferring the same to any 
other person, or transporting the same for any 
purpose than as authonzed by Paragraph (a) of 
this Rule. 

Statuuvy Auihoritv G.S. 113-134: 113-276. 1: 
113-291.4; S.L. 1985. chs. /OS, 179, ISO, 664 and 
722. 



.0405 FLR DK.\[.ERS 

(a) It is unlawful for any fur dealer licensed or 
otherwise authorized to deal in furs in this State, 
or any person or agent acting in his behalf, to 
buy or accept dehyery from any person the 
carcass or pelt of any furb>. ' anng animal bobcat, 



otter or fox taken within the State which has not 
been previously affixed with a tag provided by 
the North Carolina Wildlife Resources Commis- 
sion as required by this Section. 

(b) It is unlawful for any fur dealer to import 
into this State the carcass or pelt of any otter or 
wildcat bobcat which has not been previously 
atfixed with a tag required and supplied by the 
state in which the animal was taken. It is un- 
lawful for any fur dealer, or agent of a fur dealer, 
to import into this State or to accept delivery of 
a carcass or pelt of any fox from a source located 
in any other state which does not by law or reg- 
ulation require tagging of such carcasses or pelts, 
or a carcass or pelt of any fox which has not been 
tagged in accordance with the tagging require- 
ments of the state from which it is imported, 
unless documentation of the date and hour of the 
amval of such carcass or pelt at such fur dealer's 
place of business is available for inspection and 
such carcass or pelt is affixed with a fur tag pro- 
vided by the North Carolina Wildlife Resources 
Commission within seven days after the date and 
hour of such arrival. No such carcass or pelt 
shall be resold or removed from such fur dealer's 
place of business without having been tagged as 
required by this Section. 

(c) Any fur dealer or agent of a fur dealer au- 
thorized to do business in this State may import 
and accept deli\ cry in this State of the carcass or 
pelt of any furbearing animal bobcat, otter or fox 
which has been affixed with a tag when and as 
required by the laws or regulations of the state 
from which such carcass or pelt is imported. 

(d) fxcept as provided by Paragraph (b) of this 
Rule, it is unlawful for any fur dealer licensed to 
do business in this State to ha\e in possession the 
carcass or pelt of any furbcuiing animiil bobcat, 
otter or fox which has not been affixed with a fur 
tag provided by the North Carolina Wildlife Re- 
sources Commission or a tag required by the 
laws or regulations of the state from which the 
same was imported. 

(e) Hach fur dealer licensed to do business in 
this State shaU maintain records of all acquisi- 
tions of carcasses and pelts of bea\er, bobcat, 
nunk, muskrat, nutria, opossum, otter, raccoon, 
skunk, aft4 weasel, a* vr«4i a* »f U*t» lurbearing 
animah i and foxes, r e quir t^ d te be tagged und e r 
Ai* Section. Such records shall consist of re- 
ceipts, copies of receipts, or other written evi- 
dence of the transactions showing the sources 
and numbers of acquisition, tach fur dealer shall 
provide the \\'ildlife Resources Commission with 
monthly reports, made on fonns supplied by the 
Commission, summarizing all acquisitions of 
carcasses and pelts of such animals, except those 
which have been acquired from and reported by 



6>l 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



other fur dealers licensed by the State. The re- 
ports shall include all such acquisitions made 
during each month beginning with October and 
ending with March of the following year; shall 
distinguish between acquisitions made within the 
State and those made from without the State; 
and, if acquired from within the State, shaU indi- 
cate the counties in which the animals were 
taken. The report covering each month shall be 
mailed or delivered to the Commission on or 
before the 15th day of the next succeeding 
month. The records required by this Paragraph 
and the inventor^' of carcasses and pelts on hand 
shall be made a\ailable for inspection by any of- 
ficer or representative of the Wildlife Resources 
Commission upon request at all reasonable 
times. In the case of nonresident fur dealers h- 
censed to do business in this State, the records 
and reports required by this Paragraph shall ap- 
ply only to carcasses or pelts of animals acquired 
from within this State, and no reports are re- 
quired from nonresident fur dealers who acquire 
pelts only from other fur dealers licensed in the 
State. 

(f) The tagging requirements of Paragraph (a) 
of Rule .0402 of this Section and of Paragraphs 
(b) and (d) of this Rule shall not apply to the 
pelts or furs of foxes that are imported into this 
State by a fur dealer operating under a currently 
valid North Carolina Fur- Dealer Station License 
at a fixed place of business or to such pelts or furs 
delivered to the place of business of such fur 
dealer by a seller from another state pro\'idcd that 
the following conditions are satisfied: 

(1) the nonresident seller is a licensed fur 
dealer in the state from which the pelts or 
furs originated; 

(2) the resident dealer has available for in- 
spection a dated, signed bill of sale indi- 
cating the precise number of green pelts 
and dr\' pelts of fox purchased in each lot 
of imported fur; the accurate name, ad- 
dress, and fur dealer license number of the 
seller; and the date of arrival of the lot of 
pelts at the licensed place of business; 

(3) imported green pelts of fox are kept sepa- 
rate from the green pelts of nati\e fox 
during processing and arc readily identifi- 
able as to imported lot number and bill 
of sale; 

(4) imported dry pelts of fox are not batched 
with native dry pelts of fox unless such 
pelts are marked in a manner that readUy 
identifies them as to imported lot number 
and bill of sale; 

(5j such imported, untagged pelts of fox are 
imported, processed, and stored only for 



sale and export to buyers in other states; 
and 
(6) such imported, untagged pelts of fox are 
not held on the premises for longer than 
twenty-one (21) days from the date of ar- 
rival without ha\'ing been tagged as re- 
quired by Rule .0402(a) of this Section. 

Authority G.S. 113-129; 113-134; 113-273; 
1 13-291.3; 1 13-291.4; 50 C.F.R. 23; 87 Stat. 884. 

.0406 MISl SF. OFT.\GS 

(aj It is unlawful for any person to use or affix 
a furbouror fur tag which is vahd for one season 
to the carcass or pelt of any furboaring animal 
bobcat, otter or fox taken or acquired during any 
subsequent season. 

(b) It is unlawful for any person to affix any 
furbcarer fur tag to the carcass or pelt of any 
species of animal other than that for which its 
use is authorized and it is unlawful to buy or sell 
any furhoarcr bobcat, otter or fox carcass or pelt 
which has an unauthorized tag so affixed. 

(c) It is unlawful for any person to sell or 
transfer any unused fox tag to any other person. 
It is unlav\ful for any person to sell any unused 
furb e ar e r fur tag for a price greater than the fee 
listed for such tag m Paragraph (c) of Rule .0403 
of this Section. 

(d) It is unlawful for any person to reuse a 
furbearer fur tag or to rcmo\'e the same from the 
pelt to which atfixed prior to deUvery to a man- 
ufacturer or fur processor. 

(c) It is unlawful to counterfeit or modify any 
furbearur fur tag. 

Statuton' Authority G.S. 113-134; 113-135; 
1 13-135. 1; 113-273; 1 13-276.1; 1 13-291.4. 

.0409 S.ALE OF LIVE FOXES TO 

CONTKOLEED FOX ULNTING 
l'KESER\ES 

In accordance with G.S. 113-273(g) licensed 
trappers may live-trap foxes during any open 
season, except those listed in accordance with 
G.S. 113-291.4, for trapping foxes and sell them 
to hcensed controlled fox hunting preserves in 
accordance with the following conditions: 

(1) Licensed trappers are exempt from caging, 
captivitv permit or captivity license require- 
ments set forth in 15A NCAC 101 1 .0300 for 
any five-trapped foxes trapped for the pur- 
pose of sale to controlled hunting preserves. 
This exemption shall apply during the trap- 
ping season and for a period of 10 days after 
the trapping season. 

(2) Licensed trappers are exempt from tagging 
requirements set forth in this Section so long 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



652 



PROPOSED RULES 



as the foxes are kept alh'e as set forth in 
Subparagraph (I) of this Rule. 
(3) Li\e foxes taken under a depredation permit 
may be sold to controlled huntmg preserves. 

Staluton Authority G.S. 113-134; 113-273: 
113-291' A. 

SI BCIIAPTER ion - RFGl LATED ACTIVITIES 

SECTION .0100 - COM KOI. LED 111 NTING 

PKESERN ES FOR DOMES IICAIL^ RAISED 

G.\ME BIRDS 

.0102 ESTABLISHMENT AND OPERALION 

(a) Size of Preser\-e. Controlled hunting pre- 
serves hcensed under these regulations shall con- 
sist of not less than 100 acres nor more than 
1.000 acres and shaU be in one block of land. 

(b) Boundan,' of Preser\-e. The boundan.- of 
each controlled hunting presen"e shall be posted 
with printed signs supplied by the preser\'e owner 
with wording and sign size according to a sample 
provided by the WUdlife Resources Commission. 
Signs shall be of two types: 

(1) those facing outward from the boundan,' to 

pre\ent trespass; and 

(2) those facing inward from the boundary to 

confine presen'e hunters inside the pre- 
serve. 
Each set of signs shall be spaced at intenals of 
not more than 150 feet apart. All boundapj r . ignf . 
muvt 1*1? pO '. tod ftot- later than Soptombor -W to 
pro' i idij timo fef io 'i poctiLUi aft4 i 'l' iianc e »f li- 
Ci?n; 'e to oporato ^ OctobL'r \-r j\pplicant ' j FH*t 
djC ' iring tfei? IiclMi^l * '^ Octobor 4- H»y doluy 
porting to Rot- lator than 5ft davf . prior to 4ftto trf 
liconno. 

(c) Stocking Preser\'c with Game. .An appli- 
cant for a controlled hunting preserve license 
shall present satisfactor,' evidence of his ability 
to raise or purchase for release on the preserve 
during the year at least the minimum number 
herein designated of each species he plans to ad- 
\ertise as being available on his preser\-e for 
hunting in accordance with the following for- 
mula: 

(1) ring-necked pheasants (and other norma- 
tive game birds except Mallard 
ducks)-- 100 birds of each species for e ach 
-MW QcroL i . first 300 acres, or fraction 
thereof, and KlO birds for each additional 
200 acres, or fraction thereof, included in 
the hunting preserse; 

(2) bobwhite quail 5r00ft 1.000 quail for the 
tlrst -iOO 300 acres, or fraction thereof, and 
500 quail for each additional 200 acres, or 
fraction thereof, included in the hunting 
preser\'e; 



(3) MaOard ducks (one generation remo%ed 
from the wildj-lOO minimum for each 
presen'e. 

Statutory Authority G.S. 113-134; 113-273. 

TITLE 21 - OCCL RATIONAL LICENSPSG 
BOARDS 



lyotice is hereby gi\-en in accordance with G.S. 
150B-12 that the .\.C. State Board of Cosmetic 
Art Examiners intends to amend rulei sj cited as 
21 SCAC 14G .0003. 

J he proposed effective date of this action is De- 
cember 1. 1991. 

1 he public hearing will be conducted at 1:00 
P.M. on September 16, 1991 at the S.C. State 
Board of Cosmetic Art E.xaminers - Office, Grove 
Towers. Fifth Floor, 1 1 10 .\a\-afw Dr., Raleigh, 
.\. C. 27609. 



c 



omment Procedures: The record shall be open 
for 30 days before the hearing to receive written 
comments. Written comments should be received 
by the .\'. C. Stale Board of Cosmetic Art Exam- 
iners by September 13, 1991 , to be considered as 
part of the hearing record. Comments should be 
addressed to: Vicky R. Goudie, Executive Sec- 
retary, .\ . C. State Board of Cosmetic Art Ex- 
aminers. Grove Towers, 5th Floor, 1 1 10 Savaho 
Dr.. Raleigh. \. C. 27609. Requests to speak 
must be in writing and received by Mrs. Goudie 
fn-e days (September 11, 1991 ) prior to the hear- 
ing. Speaking time ten minutes. 

CHAPTER 14 - BOARD OF COSMETIC ART 
E.XAMINERS 

SI BCIIAPTER 14G - REQIIREMENTS FOR 

IllE ESI ABLISIIMEN r OF COSMEIIC .\RT 

SCHOOLS 

.0003 SP.VCE REQUIREMENTS 

(a) The Cosmetic .Art Board will issue letters 
of approval only to cosmetology schools that 
ha\-e at least 3.000 square feet of inside floor 
space located uithin the same building. 

(b) Cosmetology schools approved with 3,000 
square feet of inside floor space may enroll no 
more than 60 students at one time, and for each 
student enrolled in addition to 60 students. 50 
square feet of inside floor space must be pro- 
\ided. 

(c) In addition each cosmetology school must 
have 30 hairdressins stations, arranged to ac- 



653 



6:10 SORTH CAROLIN.i REGISTER August 15, 1991 



PROPOSED RULES 



commodate not less than 30 students and ar- ^^ 

ranged so that the course of study and training in j he public hearing will be conducted at 11:00 
cosmetology, as prescnbed by the Board, may ^^ ^^ September 20, 1991 at the Conference 
be given. All stations must be numbered nu- y^^^^„ Winston-Salem Regional Office, Depart- 
rnencally. ^^^^ ^r ^rivironment, Health, and Natural Re- 
id) Cosmetology schools must also have a be- ^^ ^^^5 North Point Boulevard, 
gmner department contammg sufficient space to iy,„,,„^.Salem, N. C. 27106. 
comiortably accommodate at least ten students 
and having at least 40 inches between ^ 
mannequins. i^omment Procedures: Any interested person 

(e) The Board will issue letter of approval only may present either verba! or written comments at 
to manicurist schools that have at least 1,000 the hearing. Additionally, the record will be open 
square feet of inside floor space located within for receipt of written comments until the hearing. 
the same building. Such written comments must be delivered or 

(f) .Manicurist schools with 1,000 square feet mailed to Mr. Neil J. Gilbert, N.C. Board for Li- 
of inside floor space shall enroll no more than 20 censing of Geologists, Post Office Box 27402, 
students at one time, and for each student en- Raleigh, North Carolina 2761 1 . 

rolled in addition to 20 students, 50 square feet 

of mside floor space must be provided. CH.M'TER 21 - BO.VRD OF GEOLOGISTS 

(g) In addition, manicurist schools must have 

ten manicurist tables and chairs a minimum of SECTION .0100 - S I'ATL TOR^' AND 

two feet apart, side to side, arranged to ADMINISTRATIVE PROVISIONS 
comfortably accommodate ten students. 

.0106 FORMS 

Statutory Authority G.S. 88-23; 88-30. Porms used by the Board, and available from 

the Board office upon request, include the fol- 

lovvmg: 
(1) Application for Licensing as a Geologist, 

AT ,■•;>■■ / ■,/,"€• (2) Application for License by Comity, 

ly oticc IS hereby en'en m accordance with O..S. ,t . ■• • r n i r i ■ i 

/50B-/2 that the North Carolina Board for Li- (^^ App .cation for Renewal of License, afi4 

censing of Geologists intends to amend 'rule(s) f-^' AppLcation for Remstatcment of License, 

cited as 21 NCAC 21 .0106 - .0/07; and adopt 111 Application for Corporate Registration, and 

rule(sj cited as 21 NCAC 21 .1001 - .1002. [^ Ccrtiiicate o\_ Registration. 

1 he proposed effective date of this action is De- Statutory Authority G.S. 55B-2(6); 55B-I0; 
cember I. 1991. S9E-S; S9E-I0; S9E-II; 89E-I2. 

.0107 FEES 

(a) Completed application forms must be accompanied by the prescribed fee. Application fees wUl 
not be refunded regardless of Board approval or disapproval of the application. Prescribed fees shall 
be: 

(1) application forms for bccnsing as a geologist, including a copy of the 

Geologists Licensing Act and Rules; $ 5.00 

(2) application for license: $50.00 

(3) examination: $50.00 

(4) application for license by comity: $50.00 

(5) biennial renewal of license: $70.00 

(6) biennial renewal of license of N. C. resident geologists practicing less than 

15 days per year: $30.00 

(7) replacement of license: $10.00 

(8) application for reinstatement of hcense: $50.00 

(9) licensed geologist stamp and seal: cost plus $ 5.00 

( 10) application for corporate registration: $50.00 

(11) annual renewal of certificate of registration for corporations: $25.00 

( 12) registered geological corporation stamp and seal: cost plus $ 5.00 

(bj All licenses will expire biennially on July 1. Biennial renewal fees received after July 1 and belorc 

September 1 of the year due shall be subject to the assessment of a late payment penalty of ten dollars 
($10.00). All certificates of registration for corporations will expire annually on July 1 . Annual renewal 



6:10 NORTH CAROLINA REGISTER .hiqust /5, 1991 



654 



PROPOSED RULES 



fees for certificates of registration for corporations recei\ed after August 1 and before December 31 shall 
be subject to a late pa\ment penalty of ten dollars (SIU.OO). 

(c) Licenses that have not been renewed by September 1st may only be renewed b)- filmg a rein- 
statement application and submitting a reinstatement fee. , 

(d) Licenses that have been suspended under G.S. 89E-21 may be reinstated by fding a reinstatement 
application and paying the reinstatement fee. 

Statmon- Auihoriiy G.S. 55B-2(6); 55B-/0; 55B-II; S9E-5: S9E-S; 89E-/0; 89E-I2: S9E-I3; S9E-21. 



SKCTION .1000 - PROFESSION.\L 
COKPOR.MIONS 

.1001 CORPOR.VTE PR.\CT1CE OF GEOLOGY 

(a) Apphcation Forms. Application for a cor- 
porate Certificate of Registration for the practice 
of geology within the State of North Carolina 
shall be made upon forms pro\ided by the 
Board. Completed applications must be accom- 
panied by the application for corporate registra- 
tion fee. Certificates of Registration for 
corporations may be issued only under the pro- 
\isions of the Professional Corporation .Act, G.S. 
55B, except as provided in Paragraph (b) of this 
Rule. 

(b) Geological Corporations L nder G.S. 55, 
the Business Corporation Act. Applications for 
a Certificate of Registration as exempt from the 
Professional Corporation Act under the pro- 
visions of G.S. 55B-15 shall be made upon forms 
pro\ ided by the Board. Completed applications 
must be accompanied by the application for cor- 
porate registration fee. To be eligible as an ex- 
empt corporation under the provisions of G.S. 
55B-15 the following conditions must exist: 

(1) The corporation must have been incorpo- 
rated prior to September I, 1991 as a 
business corporation; 

(2) Before and after September 1, 1991, the 
corporation must have been a bonafide 
firm engaged in the practice of geology 
and such services as may be ancillarv' 
thereto within the State of North 
Carolina; and 

(3) The corporation must have applied to be 
an exempt corporation before Januarv 1 , 
1992. 

(c) Renewal of Certificate. The renewal of 
Certificates of Registration for corporations shall 
follow the requirements as set out in Rule .0107 
of this Chapter. 

(d) Seal. Each registered corporation shall 
obtain from the Board a seal approved by the 
Board. Such seal shall contain the name of the 
corporation, its North Carolina registration 
number and the words "registered geological 
corporation." 

(e) Appro\al of Name. In addition to the re- 
quirements and limitations of Chapter 55 and 



55B of the General Statutes, the corporate name 
used by a geological corporation shall be ap- 
proved by the Board before being used. Pro- 
vided, howe\er, that this Rule shall not prohibit 
the contmued use of any corporate name duly 
adopted in conformity with the General Statutes 
of North Carolina and board rules in effect at the 
date of such adoption. 

Statutory Authority G.S. 55B-5: 55B-/0: 55B-I1: 
55B-I5: S9E-5; 89E-I2. 

.1002 FOREIGN CORPORATIONS 

(a) Incorporation in Other States. Corpo- 
rations of other states may be granted Certificates 
of Registration for the practice of geology in tliis 
state on the receipt by the Board of a completed 
application and the payment of the corporate 
registration application fee. In addition to the 
other requirements as set out in G.S. 89E-12. 
foreign corporations must, prior to registration. 
recei\e from the Secretary of State of North 
Carolina a Certificate of Authority to do business 
within the state. 

(b) Designated Individuals. foreign corpo- 
rations shall be pennitted to practice geology 
w ithin the State of North Carolina pro\ ided that 
the corporation must designate at least one 
geologist who is licensed by the State of North 
Carolina to be in responsible charge for the cor- 
porate practice of geologv' within the State of 
North Carolina. 

Statutory Authority G.S. 55B-6: 55B-/4; 89E-/2. 
****************** 



lyotice is hereby gti'cn in accordance with G.S. 
I SOB- 1 2 that the \orth Carolina Hearing Aid 
Dealers and Fitters Board intends to repeal tides 
cited as 21 XCAC 22C .0101. .0903: amend 21 
SCAC 221 .0006; 22F .0001, .0003, .0008, .00/3. 
.00/4: adopt 2/ XCAC 22J .00/5 and 22L .000/ 
- .00/5. 

I he proposed effecti\-e date of t/iis action is De- 
cember /, /991. 



655 



6:10 NORTH C.4ROLIi\A REGISTER August 15, 1991 



PROPOSED RULES 



1 he public hearing will be conducted at 1 :30 
p.m. on September 20, 1991 at the Clemmons 
Public Library, Clemmons, North Carolina. 

\^ omment Procedures: Written comments must 
be receti'ed by the Board no later than 10:00 a.m. 
on September 20, 1991; requests to make oral 
comments at the hearing must be received by 
10:00 a.m. on September 20, 1991. The Board's 
address is do .\fs. .fudy Bedsaul, Executive Sec- 
retary. P.O. Box 767, Clemmons, \orth Carolina 
270/2. Oral comments may be limited to 3 min- 
utes. 

CHAPTER 22 - HEARING AID DEALERS AND 
EH TERS BOARD 

SUBCHAPTER 22C - CONTESTED CASES 

SECTION .0100 - GENERAL RULES 

.0101 ADMIMSIRAIINE HEARING 
PROCEDURES (REPEALED) 

Statutoiy .Authority G.S. 93D-3(c); I50B-I4; 
l50B-3S(h). 

SECriON .0900 - HEARING OFEICERS 

.0903 ALLEGED BIAS OF BOARD MEMBER 
(REPEALED) 

Statutory .Authority G.S. 93D-3(cl; l50B-3S(h). 

SUBCLIAPTER 22F - GENERAL EXAMINATION 
AND LICENSE PROMSIONS 

.0001 TIME OF E.XAMINATIONS 

The Board shall hold the qualifying examina- 
tion as set forth in G.S. 93D-8 on the first Sat- 
urday in May of each year and ohaU may hold 
an additional examination on the first Saturday 
in November of each year prosidod that- sA- k'Q 'i t 
fe«f indi' i idualo have duly inadL * application fof 
i ' ir . uanco t*f » licc ' iii i C ttft4 A*!- \^ filing fof ati- 
mir i' jion k+ A<» examination w*ht timoly. if a suf- 
ficient number of timclv-filed applications are 
received to justify, in the Board's discretion, 
holding such additional examination. 



Staiutoiy Authority G.S. 93D-3(c); 93D-8. 

.0003 SUBMISSION OF APPLICATIONS AND 
FEES 

(a) A duly made application for issuance or 
renewal of an apprentice registration certificate 
shall be submitted to the executive secretary of 
the Board no later than ten working days after 



the date that any of the following conditions ex- 
ist: 

(1) Whenever a registered apprentice is sepa- 
rated from his sponsor for any reason and 
such individual wishes to obtain a new 
certificate to replace the invalidated certif- 
icate; 

(2) Whenever a registered apprentice is noti- 
fied by the executive secretary of the 
Board that he failed to pass the qualifying 
examination and such individual wishes 
to renew his certificate; 

(3) Whenever the executive secretary of the 
Board notifies the individual that his ap- 
prentice registration certificate has been 
invalidated for any reason and such indi- 
vidual wishes to obtain a new certificate 
to replace the invalidated certificate; and 

(4) Wlienever an Audiologist duly makes ap- 
plication for issuance of a license by ex- 
amination and that individual elects to 
become a registered apprentice in order to 
engage in the fitting and selling of hearing 
aids, under the supervision of a licensee 
approved by the Board, while waiting to 
take the next scheduled qualifying exam- 
ination. 

(b) A registered apprentice who holds a masters 
degree in Audiologv and is not an Audiologist, 
as "defined in 21 NCAC 22 A .0301 (2), may first 
apply for issuance of a license by examination 
any time after that individual has completed 250 
clock hours of supervision by a licensee approved 
by the Board. Howe\er, no later than ten 
working days after any registered apprentice who 
is not an Audiologist has held a vaJid apprentice 
registration certificate for 365 calendar days, the 
apprentice shall submit a duly made application 
for issuance of a license by examination and shall 
take the next scheduled qualifying examination. 
All registered apprentices shall reapply for a li- 
cense by examination, witliin the time prescribed 
in Paragraph (c) of this Rule, each time they take 
and fail to pass the qualifying examination. 

(c) Whenever a registered applicant is required 
to take the qualifying examination as a condition 
for issuance of a license or reissuance of a sus- 
pended license, the duly made application shall 
be considered by the Board to be timely if it is in 
the hands of the executive secretan' no later than 
30 consccuti\e days pnor to the examination 
date. The Board shall ha\e the right to refuse 
any person admission to the qualifying examina- 
tion if such individual has not duly made appli- 
cation for issuance or reissuance of a license, has 
not attended an examination preparation work- 
shop as set forth m 21 NCAC 22F .0014 (b), or 
has not made a timely fiHng. 



6:10 NORTH CAROLINA REGLSTER .Aui^ust 15, 1991 



656 



PROPOSED RULES 



(d) All fees shall be paid to the executive sec- 
retan' h^ » bank chock, cortifiod check. »f mimoy 
order and shall be made payable to N.C. Hearing 
/Vid Dealers and Fitters Board. When a personal 
check is rccci\ed in payment of any fee, the 
Board ma\ wait until tinal credit on such check 
IS recei\ed before prosiding the license or other 
document requested. A processing lee of fifteen 
dollars (S15.(I0) (or an\' greater amount allowed 
h\ law) will be charged for an\ check on which 
paxment is refused bv the payor bank becau-'e 
of insufficient funds or because the drawer did 
not ha\'e an account at that bank a[ the time the 
check was presented to the Board. 

Siamon Authoritv G.S. 93D-3(c); 93D-5; 
93D-9. ' 

.0008 REVIEW OF EX.\MlN.\TION 

As set forth in G.S. 93B-8 (c), each registered 
applicant who takes and does not pass the quali- 
fying examination shall be granted an opportu- 
nity to review his examination in the presence of 
a representative of the Board, upon wntten re- 
quest from the applicant. Such written request 
shall be in the hands of the executive secretary 
of the Board no later than 30 consecutive days 
after the written notification of the examination 
results was issued by the executive secretary. 
Such review shall be held at_ the Board's oiTices 
unless the executive secrctars' detennincs that the 
review should be held at another location. 



Statutoty Authority G.S. 93B-8; 93D-3(c). 

.0013 .APPRENTICESHIP REQl IREMEMS 

(a) Pursuant to G.S. 93D-9, each indi\'idual 
who duly makes application for issuance or re- 
newal of an apprentice registration certificate 
shall submit a plan, using the form provided by 
the Board, for completing the supervision re- 
quirement for the apprenticeship. The registered 
apprentice shall submit a report of the appren- 
ticeship experience, using the form pro\ided by 
the Board, no later than ten working days after 
the date that any of the following conditions ex- 
ist: 

(1) The apprentice and his sponsor are sepa- 
rated for any reason and thus causing the 
apprentice registration certificate to be- 
come invalidated; 

(2) The apprentice, who is not an Audiologist, 
has held a \alid apprentice registration 
certiticate for 365 calendar days; 

(3) The apprentice, who holds a masters de- 
gree in Audiology and is not an 
Audiologist, has completed 250 clock 



hours of supervision, prior to frrst taking 
the qu;ilifying examination; 

(4) The apprentice has been notified by the 
executive secretary of the Board that he 
failed the qualifying examination and the 
indi\"idual is reapplying for issuance of a 
license by examination; 

(5) The apprentice, who has renewed his ap- 
prentice registration certificate after failing 
to pass the qualifying examination, has 
been notified by the e.xecuti\e secretary' 
of the Board that he has passed the sub- 
sequent qualifying examination; or 

(6) The Board has issued a written request to 
the registered apprentice for submission 
of a report, in order to determine fulfill- 
ment of the apprentice experience re- 
quirements. 

(b) 1 he initial apprentice registration certificate 
issued to any person who is not an Audiologist, 
and any subsequently issued replacements for an 
invalidated certificate, shall expire after the ap- 
prentice has held a valid apprentice registration 
certificate for a total of 365 calendar days. Upon 
receipt of a duly made application for issuance 
of a license by examination, the Board shall, 
when necessary, extend the certificate, at no 
charge to the registered apprentice, until 30 con- 
secutive days after the results of the next sched- 
uled qualifying examination are in the hands of 
the executive secretary of the Board. The initial 
apprentice registration certificate, and any re- 
placements which are issued to an Audiologist 
prior to liis first taking the qualifying examina- 
tion, shall expire 30 consecutive days after the 
results of the next scheduled qualifying examina- 
tion are in the hands of the executive secretary' 
of the Board. 

(c) \\'hene\er any registered apprentice takes 
and fails to pass the qualif\ing examination, the 
indi\'idual shall duly make application for issu- 
ance of a renewal certificate which may be issued 
for good cause shown to the satisfaction of the 
Board. Such certilicate shall expire 30 consec- 
uti\'e days after the results of the next scheduled 
qualifying examination are in the hands of the 
executive secretary of the Board. 

(d) .AH registered apprentices shall comph' with 
the rules and regulations, including the code of 
ethics, promulgated by the Bo;ird and with the 
provisions set forth in Chapter 93D of the Gen- 
eral Statutes of North CaroUna. failure to 
comph' shall be sufficient grounds to invalidate 
an apprentice registration certiticate, to deny fu- 
ture apphcations for issuance of an apprentice 
registration certificate, to deny renewal of an ap- 
prentice registration certificate, or to deny, sus- 



657 



6:10 NORTH CAROLINA REGISTER August L\ 1 99 1 



PROPOSED RULES 



pcnd or revoke a license after proper notice and 

hearing. 

Statutory Authority G.S. 93D-3(c): 93D-9. 

.0014 TRAINING AND SLPERVISION 

(a) Each registered apprentice, excluding those 
Audiologists who elect to be a registered appren- 
tice while waiting to take the qualifying exam- 
ination for the first time, shall submit to direct 
super\ision by a licensee who is approved by the 
Board and who shall be responsible for the ap- 
prentice's training and supervision in the follow- 
ing areas: 

(1) Anatomy, physiology, and pathology of 
the auditory mechanism; 

(2) Measurement techniques and test inter- 
pretation for assessment of hearing 
impairment and hearing handicap; 

(3) Hearing aid technology including instru- 
ment circuitry and acoustic performance 
data; 

(4) Design, selection, and modification of 
earmold shell coupling systems; 

(5) Hearing aid selection procedures, and fit- 
ting and adjustment techniques; 

(6) Post-dehvcry care including hearing aid 
orientation and counseling techniques, 
and hearing aid servicing; 

(7) Ethical conduct and regulatory issues 
concerning the fitting and selling of hear- 
ing aids; and 

(S) Other related topics that the sponsor or 
apprentice deem nccessarx'. 

(b) Before taking the qualifying examination 
for the first time, each registered apprentice who 
is not an Audiologist shall attend an examination 
preparation workshop, approved or sponsored 
by the Board, which consists of one 3-day ses- 
sion. The workshop dates wUl be scheduled in 
conjunction with the dates for the qualifying ex- 
aminations. Information concerning the sched- 
uled times, dates, and topics for each workshop 



may be obtained from the executive secretary of 
the Board. Written notice of intent to attend any 
or all of the daily sessions must be in the hands 
of the executive secretary of the Board at least 
throo thirty consecutive days prior to the starting 
date of each workshop. 

(c) The Board shall have the right to refuse any 
person admission to the workshop sessions if the 
individual is not a registered apprentice or a reg- 
istered applicant, or if timely notification of in- 
tent to attend was not made in accordance with 
Paragraph (b) of this Rule. 



Statutory A uthoritv 
9JD-9. 



G.S. 93D-3(c); 93D-5; 



SUBCHAPTER 221 - PROFESSIONAL AFFAIRS 

.0006 DISCI OSLRE 

(a) In addition to the information required by 
G.S. 93D-7, all licensees and registered appren- 
tices shall, by the time of deliver)' of the hearing 
aid(s), complete one or more written statements 
of sale containing the following: 

(1) The business name and street address, 
within the State of North Carolina, of at 
least one place of business of the seller; 

(2) The name of the person delivering the 
hearing aid(s) and the name of the person 
who sold the hearing aid(s); 

(3) The name of the purchasing party, if dif- 
ferent from the name of the consumer; 

(4) The date of sale, if different from the date 
of dehvery ; 

(5) Ihe model of the hearing aid(s); afl4 

(6) The total cost to the purchaser for all 
products and services; and 

(7) Ihe serial number of the hearinu aid(s). 

(b) A copy of all statements of sales shall be 
retained for a period of three calendar years from 
the date of delivery of the hearing aid(s). 

Statutory Authority G.S. 93D-3(c). 



SLBCHAPTER 22J - CODE OF ETHICS 



.001 

(a) 
to: 
(1) 



i FAILURE TO INFORM PURCHASER OF RIGHT TO CANCEL SALE 

In connection with any sale, it is unethical for a person licensed by or registered with the Board 

Fail to furnish the buyer with a fully completed receipt or copy of any contract pertaining to such 
sale at the time of its execution which is in the same language, e.g. Spanish, as that principally 
used in the oral sales presentation and which shows the date of the transaction and contains the 
name and address of the seller, and in immediate proximity to the space reserved on the contract 
for the signature of the buyer or on the front page of the receipt if a contract is not used and in 
bold face type of a minimum size of 10 points, a statement in substantially the following form: 



6:10 NORTH CAROLINA REGISTER Aui;ust 15, 1991 



65S 



PROPOSED RULES 



^'ou, the buyer, may cancel this transaction at any time prior to midnight of 
the third business day after the date of this transaction. See the attached notice 
of cancellation fonn for an explanation of this right. 

(2) Fail to furnish each buyer, at the time the buyer signs the sales contract, a completed form in 
duplicate, captioned either "NOTICE OF RIGHT TO CANCEL" or "NOTICE OF CANCELLA- 
TION," which shall contain in 10 point bold face type the following information and statement 
in the same language, e.g. Spanish, as that used in the contract: 

"NOTICE OF CANCELL.ATION" 



(date of transaction) 

"^'ou may cancel this transaction, without any penalty or obhgation, within 
three busmcss days from the abo\'e date. 

If )'ou cancel, any payments made by you under the contract or sale or any 
negotiable instrument executed by you will be returned within 10 business days 
followmg receipt by the scUer of your cancellation notice and any security in- 
terest arising out of the transaction will be cancelled. 

If you cancel, you must make reasonably available to the seller at your resi- 
dence or other location agreeable to you and the seUer, in substantially as good 
condition as when received any goods deln'cred to you under this contract or 
sale; or you may, if you wish, comply with the instructions of the seller regard- 
ing the return shipment of the goods at the seller's expense and risk. 

if you do make the goods available to the seUer and the seller does not take 
possession of them within 20 days of the date of your notice of cancellation, you 
may retain or dispose of the goods without any further obhgation. If you fail 
to make the goods a\'ailable to the seller, or if you agree to return the goods to 
the seller and fail to do so, then you remain liable for performance of all obU- 
gations under the contract. 

To cancel this transaction transmit by mail, telegram, facsimile, or deliver a 
signed and dated copy of this cancellation notice or any other written notice to: 



(name of scUer) 
at 



(seller's address) 
not later than midni2ht of 



(date) 
I hereby cancel this transaction 



(buyer's signature) (date) 

(3) Fail, before fumisliing copies of the "Notice of Cancellation" to the buyer, to complete both 
copies by entering the name of the seller, the address of the seller's place of business, the date 
of the transaction, and the date, not earlier than the third business day following the date of the 
transaction, by which the buyer may give notice of cancellation. 

(4) Fail to inform each buyer orally, at the time he signs the contract or purchases the goods or 
services, of his right to cancel. 

(5) Misrepresent in any manner the buyer's right to cancel. 

(b) Regardless of the seller's compliance or noncompliance with the requirements of the preceding 
subsection, it is unetliical for any seller to willfull\ fail or refuse to honor any \ahd notice of cancellation 
by a buyer and within 10 business days after the receipt of such notice, to: 

(1) Refund all payments made under the contract or sale; 

(2) Return any goods in substantially as good condition as when recci\ed by the seller; 



659 6:10 NORTH CAROLINA REGISTER August 15, 1991 



PROPOSED RULES 



(3) Cancel and return any negotiable instrument executed by the buyer in connection with the 
contract or sale and take any action necessar>' or appropriate to terminate promptly any security 
interest created in the transaction. If the seller failed to pro\'ide a form Notice of CanceUation 
to the buyer, then oral notice of cancellation by the buyer is sufficient for the purposes of this 
Subchapter. 



Authority G.S. 14-401.13: 93D-3: 93D-I3: 16 C.F.R. 

SLBCIIAi'IKR 221. - AOMIMSTRA FIVE 
IIKAKINGS: COM tS IKO CASKS 

.0001 COMMITTEE ON INVESTIG.\TIONS 

(a) Upon receipt of a written charge alleging 
misconduct against a licensee or registrant of the 
Board, the Executi\e Secretary shall infonn the 
accused part)' of the nature of the charges as filed 
with the Board. 

(b) The accused party shall respond to the 
charges by fding a written answer with the Board 
within 20 days of the receipt of the notification 
of charges. 

(c) The complaining party shall be pro\ided 
with a copy of the accused party's answer and 
within 20 days from receipt thereof shall file a 
reply to the accused party's answer. 

(d) The charges as filed with the Board, the 
answer, and the reply may be referred to the 
Committee on Investigations (heremafter referred 
to as "Committee"). The Committee shall con- 
sist of two members of the Board, one of u hom 
shall serve as chairman. 

(e) The Committee shall in\estigate the com- 
plaint referred to it by the Board and as part of 
the investigation may: 

(1) Assign the complaint to the Board's in- 
vestigator who shall submit a written re- 
port to the Committee. 

(2) hivite the complaining party and the ac- 
cused party before the Committee to 
present their oral statements, but neither 
party shall be compelled to attend. 

(3) Conduct any other t\pe of investigation 
as is deemed appropriate b_\ the Commit- 
tee. 

(f) Upon the completion of the in\'estigation, 
the Committee shall determine whether or not 
there is probable cause to belie\e that the accused 
party has violated any standard of conduct which 
would justify a disciplinar>' hearing based upon 
the grounds as specified in Article 13 of Chapter 
93D of the North Carohna General Statutes or 
this Chapter. In the e\ent the Committee is un- 
able to reach a unanimous decision on whether 
probable cause exists, the President of the Board 
shall appoint one additional member to the 
Committee for the purpose of resohing the 
probable cause decision. This additional mem- 
ber is to serve on the Committee onlv for the 



§429.1. 

duration of the particular investigation for which 

such member is appointed. 

(g) If probable cause is found, the Committee 
or the Board's attorney shall ser\'e a Notice of 
Hearing on the licensee or registrant as required 
by law as stated in /Vrticle 3A of Chapter 150B 
of the North Carolina General Statutes. 

(h) If probable cause is found, but it is deter- 
mined that a disciplinary hearing is not war- 
ranted, the Committee may issue a reprimand to 
the accused party. A statement of such 
reprimand shall be mailed to the accused party. 
Within 20 days after receipt of the reprimand, the 
accused party may refuse the reprimand and re- 
quest that Notice of Hearing be issued pursuant 
to Chapter 150B of the North Carolina General 
Statutes or this Chapter. Such refusal and re- 
quest shall be addressed to the Committee and 
tiled with the E.xecutive Secretary^ for the Board. 
The legal counsel for the Board shall thereafter 
prepare, file, and serve a Notice of Hearing. If 
the letter of reprimand is accepted, a record of the 
reprimand shall be maintained in the otficc of the 
Board. 

(i) If no probable cause is found, the Cominit- 
tee shall dismiss the charges and prepare a state- 
ment of the reasons therefor uhich shall be 
mailed to the accused party and the complaining 
party. 

(j) If no probable cause is found, but it is de- 
termined by the Committee that the conduct of 
the accused party is not in accord with accepted 
professional practice or may be the subject of 
discipline if continued or repeated, the Cominit- 
tee may issue a letter of caution to the accused 
party stating that the conduct, while not the basis 
for a disciplinary hearing, is not professionally 
acceptable or may be the basis for a disciplinary 
hearing if repeated. A record of such letter of 
caution shall be maintained in the office of the 
Board. 

(k) An\' committee member, including any 
board member who was appointed to the Com- 
mittee pursuant to Paragraph (f) of this Rule, is 
deemed disquahficd to participate in any disci- 
plinary proceeding brought in%'ohing any person 
for whom the committee member participated in 
the in\estigatory process. 

Statiitoiy Authority G.S. 93D-3: J50B-3S. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



660 



PROPOSED RULES 



.0002 KK.in \\) iii;akin(; 

\\ hen the Board acts or proposes to act, other 
than in rule-making or declarator." ruling pro- 
ceedings, in a manner which will affect the rights, 
duties, or pri\'iJeges of a specific, identifiable per- 
son, such person has the right to an administra- 
ti\'e hearing. When the Board proposes to act in 
such manner, it shall gi\e all such alfected per- 
sons notice of their right to a hearing by mailing 
by certified mail to them at their last known ad- 
dress a notice of the proposed action and a notice 
of a right to a hearing. 

Statuion Authority G.S. 93D-3: I50B-II: 
I50B-3S. 

.000.^ RKQIRST FOR HF.ARING 

(a| When an indi\idual belie\es that individ- 
ual's rights, duties, or pri\ileges have been af- 
fected b\' the Board's administrati\'e action, but 
has not rccei\ed notice of a nght to an adminis- 
trati\e hearing, that indi\ idual ma\ file a formal 
request for a hearing. 

(b) Before an indi\ idual ma\ file a request, that 
indi%idual is encouraged to e,\haust all reasonable 
efforts to resoh'e the issue informally with the 
Board. 

(c) Subsequent to such informal action, if stiU 
dissatisfied, the indi\idual must submit a request 
to the Board's office, with the reque>t bearing the 
notation: RIQLKSI FOR ADMIMS 1 R.A 1 l\'F 
HL.ARING. Ihe request must contam the fol- 
lowing infomiation: 

( 1 ) Name and address of the petitioner; 

(2) .A concise statement of the action taken 
b\' the Board which is challenged; 

(3) A concise statement of the way in which 
the petitioner has been aggne\ed; and 

(4) A clear and specific statement of request 
for a hearing. 

(d) The request will be acknowledged promptly 
and. if deemed appropriate by the Board in ac- 
cordance with Rule .0004 of this Subchapter, a 
hearing wLU be scheduled. 

Statuion- Authority G.S. 93D-3: 150D-II: 
J50B-3S. 

.0004 (;RA>F1N(; or llFNMNt; iifaring 
RFQLFSTS 

(a) The Board shall grant a request for a hear- 
ing if it detennines that the party requesting the 
hearing is a "person aggrie\ed" within the me;m- 
ingof G.S. 150B-2(6)^^ 

(b I The denial of request for a hearing shall be 
issued no later than 60 days after the submission 
of the request. Such denial shall contam a 



statement of the reasons for the denial of the re- 
quest. 

(c) Approval of a request for a hearmg wiU be 
sisnilied bv the issuing of a notice as required bv 
g!s. 150B-38(b) and explained m Rule .0005 of 
this Subchapter. 



Statutoty 
I50B-38. 



Authority G.S. 930-3; I50B-I1; 



.0005 NOriCF OF IIFARING 

(a) The Board shall give the party or parties in 
a contested case a notice of hearing not less than 
15 days before the hearing. Said notice shall 
contain the following information, in addition to 
the Items specified m G.S. 150B-3S(b); 

( 1 ) the name, position, address and telephone 
number of a person at the offices of the 
Board to contact for further infonnation 
or discussion; 

(2) the date, time, and place for a pre-heanng 
conference, if ans; and 

(3) an_\ other information deemed rele\ant to 
informing the parties as to the procedure 
of the hearing. 

(b) The Board shall gise notice to all parties 
with a notice of hearing either personally or b_\" 
certified mail or, if those methods are una\'ail- 
able. in accordance with G.S. lA-1, Rule 4(il). 
In the e\ent that notice is accomplished by cer- 
tified m;ul. the deli\er\ date on the return receipt 
shall be the date of the service of notice. 

(c) If the Board detennines that the public 
health, safety or welfare requires such action, it 
may issue an order summarily suspending a li- 
cense or registration. Upon service of the order, 
the licensee or registrant to whom the order is 
directed shall immediateh" cease fitting and selling 
hearing aids in North Carolina. The Board shall 
promptl_\ gi\e notice of heanng pursuant to G.S. 
150B-3S following service of the order. The 
suspension shall remain in effect pending issu- 
ance by the Board of a fmal agency decision 
pursuant to G.S. 150B-42. 



Statutory Authority G.S. 
/50B-3IC): 1 50 B- if: I50B-38. 



93-D: 93D-I3: 



.0006 W HO SIIALI. HEAR CONTFSTED 
( A.SFS 

.All contested case hearings will be conducted 
b\ the full Board or by a panel consisting of at 
least a majority of the members of the Board. 
Wlien required by Chapter 150B of the North 
Carolma Statutes the Board shall apply to the 
Ortice of .Administrative Hearings for the desig- 
nation of an administrative law judge to hear the 
case pursuant to G.S. 150B-40(e). 



661 



6:10 \ORTH CAROLINA REGISTER August I.\ 1991 



PROPOSED RULES 



Statutory Aulhoritv G.S. 93D-3; I50B-II; 
150B-3S: I50B-40. 

.0007 PETITION FOR INTERN ENTION 

(a) A person desiring to interv^ene in a con- 
tested case must file a written petition with the 
Board's office. The request must bear the nota- 
tion: PtTinON TO INTtRNENF: IN 11 1 1; CASK 
OF (Name of Case). 

(b) The petition must include the following 
information: 

( 1 ) the name and address of petitioner: 

(2) the business or occupation of petitioner, 
where rele\ant; 

(3) a full identification of the hearing in which 
petitioner is seeking to intcn.'ene: 

(4) the statutor. or non-statutor\' grounds tor 
inter\ention; 

(5) any claim or defense in respect of which 
intenention is sought; and 

(6) a summap,' of the arguments or e\idence 
petitioner seeks to present. 

(c) If the Board determines to allow inter- 
\ention, notice of that decision will be issued 
promptly to all parties and to the petitioner. In 
cases of discretionan,' intervention, such notifica- 
tion will include a statement of any limitations 
of time, subject matter, e\idence, or whate\er 
else is deemed necessar>' that are imposed on the 
intcr\enor. 

(d) If the Board's decision is to deny mter- 
\ention, the petitioner shall be notified promptly. 
Such notice shaU be in writing, identifying the 
reasons for the denial, and shaU be issued to the 
petitioner and all parties. 



Statutoiy Aulhoritv G.S. 
I50B-3S. 



93D-3: I50B-II: 



.0008 FM'FS OF INTER\ EN1 ION 

(a) Intereention of Riglit. .V petition to inter- 
\ene as of right, as provided in the North 
Carolina Rules of Civil Procedure, Rule 24, will 
be granted if the petitioner meets the criteria of 
that rule and the petition is timely. 

(b) Permissi\e Intervention. A petition to in- 
tervene pennissively as provided in the North 
Carolina Rules of Ci\il Procedure, Rule 24, will 
be granted if the petitioner meets the criteria of 
that rule and the Board determines that: 

( 1 ) There is sufficient legal or factual similarity 
between the petitioner's claimed rights, 
privileges, or duties and those of the par- 
ties to the hearings; and 

(2) Pennitting intervention by the petitioner 
as a party would aid the purpose of the 
hearing. 



(c) Discretionar. Intervention. The Board 
may allow discretionar,' intervention, with what- 
ever limits and restrictions are deemed appropri- 
ate. 

Statulori' Authority G.S. 93D-3; I50B-II; 
I50B-3S. 

.0009 INFORM AE PROCFDl RES 

(a) The Board may direct the parties to con- 
duct an informal pre-hearing conference, or the 
parties may request such a conference, at a time 
and place selected by the parties. If the parties 
do not agree on the time and place of the pre- 
hearing conference within a reasonable time, the 
Board may set the time and place of the pre- 
hearing conference, giving reasonable written 
notice to aU parties in the proceedings. The 
Board may designate one or more persons from 
among its members, its attorneys, or its executive 
secretary" to conduct the conference. 

(b) .At the discretion of the Board, all or part 
of the pre-hearing conference may be conducted 
by telephone or other electronic means, if each 
parts has ;m opportunity to participate while the 
conference is taking place. 

(c) The parties shall conduct the pre-hearing 
conference to deal with, where applicable: 

(1) exploring settlement possibihties; 

(2) fonnulating, clanf>ing, and simplifying the 
issues to be contested at the hearing; 

(3) preparing stipulations of facts or findings; 

(4) ruling on the identity and number of wit- 
nesses; 

(5) determining the extent to which direct ev- 
idence, rebuttal evidence, or cross- 
examination will be presented in wntten 
form and the extent to which telephone, 
\ideo tape, or other electronic means will 
be used as a substitute for proceedings in 
person: 

(6) determinmg what depositions, disco\ep,' 
orders, or subpoenas wiU be needed; 

(7) determining the need for consolidation of 
cases or joint hearing; 

(S) determining the order of presentation of 
e\idence and cross-examination: and 

(9) considering any other matters which may 
promote the prompt, orderly, and etticient 
disposition of the case. 



Statutoiy 
I50B-3S. 



hiihoritv G.S. 930-3; I50B-1I; 



.0010 DISQl ALIFICATION OF BOARD 
MEMBERS 

(a) Self-disqualification. If for any reason a 
board member determines that personal bias or 



6:10 iXORTH CAROLINA REGISTER A^'ust I.\ 1991 



662 



PROPOSED RULES 



other factors render that member unable to con- 
duct the hearing and perform all duties in an im- 
partial manner, that board member shall 
voluntanly decline to participate in the hearing 
or decision. 

(b) Request for Disquahfication. If for any 
reason any party in a contested case belie\'es that 
a board member is personally biased or otherwise 
unable to conduct the hearing and perform all 
duties in an impartial manner, the party must 
make a written request that such board member 
be disqualified. The request must be accompa- 
nied by a sworn, notarized affidavit. The title of 
such affidavit must bear the notation: .XFFID.A- 
\"IT OF DLSQL ALIFICATION OF BO,\RD 
MFMBFR IN THE CASE OF (Name of Case). 

(c) Contents of ^ViTidavit. The affida\it must 
state all facts the party deems to be rele\"ant to 
the disqualification of the board member. 

(d) 1 imeliness of Affidavit. An atTidavit of 
disquahfication will be considered timely if filed 
ten calendar days before commencement of the 
hearing. Any other affida\it wiU be considered 
timely pro\ ided it is filed at the first opportunity 
after the party becomes aware of facts which give 
rise to a reasonable belief that a Board member 
ma\ be disqualified under this Rule. 

(e) Procedure tor Determining Disquahfication: 
(i) The Board will appoint a board member 

to investigate the allegations of the affida- 
\it. 

(2) The investigator will report to the Board 
the findings of the in\estigation. 

(3) 1 he Board shall decide whether to dis- 
quality the challenged individual. 

(4j I he person \\ hose disqualification is to 
be determined will not participate in the 
decision but may be called upon to fur- 
nish information to the other members of 
the Board. 

(5j A record of proccedmgs and the reasons 
for any decision reached will be main- 
tained as part of the contested case record. 

(6) When a board member is disquahfied prior 
to the commencement of the hearing or 
after the hearing has begun, such hearing 
w ill continue w ith the remaining members 
sitting pro\ided that the remaining mem- 
bers still constitute a majority of the 
Board. 

(7) If disquahfication of a board member 
leaves less than a majority of the Board, 
the Board shall petition the Office of Ad- 
ministrative Heanngs to appoint an ad- 
ministrati\-e law judge to hear the 
contested case pursuant to Ci.S. 
150B-40(e). 



(8) Where a petition for disqualification is 
tiled less than 10 days before or during the 
course of a hearing, the hearing shall con- 
tinue with the challenged board member 
sitting. Petitioner shall have the oppor- 
tunity to present evidence supporting his 
petition, and the petition and any evi- 
dence relative thereto presented at the 
hearing shall be made a part of the record. 
The Board, before rendering its decision, 
shall decide whether the evidence justifies 
disqualification. In the event of disquah- 
fication. the disqualified member will not 
participate rn further deliberation or deci- 
sion of the case. 

Statuton' Authority G.S. 93D-3; I50B-1I: 
I50B-3S: I50B-40. 

.0011 FAILLRK FO APl'EAR 

(a) Continuances and adjournments will be 
granted only upon a showing of good cause and 
upon the receipt of a timely-made request. 

(b) Should a party fail to appear at a hearing 
or fail to appear following the granting of a con- 
tinuance or adjournment, the hearing wiU be 
conducted in the party's adsence. 

(c) If a hearing is conducted and a decision is 
reached in an administrative hearing in the ab- 
sence of a party, that party may tile a written 
petition with the Board for a reopening of the 
case. 

(d) Petitions for reopening a case will not be 
granted except when the petitioner can show that 
the reasons for his failure to appear were justifi- 
able and unavoidable and that fairness requires 
reopening the case. Such petitions, however, will 
have no effect on the running of the 30-day pe- 
riod for seeking judicial review, which starts from 
the day the party is served with the final decision. 

Statuion' Authority G.S. 150B-II; I50B-3S: 
I50B-46. 

.0012 WriNESSES 

Any party may be a witness and may present 
witnesses on the party's behalf at the hearing. 
All oral testimony at the hearing shall be under 
oath or affirmation and shall be recorded or 
transcribed. At the request of a party or upon 
the Board's own motion, the presiding officer 
may exclude witnesses from the hearing room so 
that they cannot hear the testimony or other 
witnesses. 

Statuton Auihoritv G.S. I50B-II: /50B-3S: 
I50B-46. 



663 



6:10 \ORTH CAROLEXA REGISTER Aiisust 15, I99I 



PROPOSED RULES 



.0013 SLBI'OF.NAS 

(a) Requests for subpoenas for the attendance 
and testimony of witnesses or for the production 
of documents, either at a hearing or for the pur- 
poses of discovery, shall be made in writing to 
the Board, shall identify any document sought 
with specificity, and shall include the full name 
and home or business address of all persons to 
be subpoenaed and, if known, the date, time, and 
place for responding to the subpoena. The 
Board shall issue the requested subpoenas within 
five days of receipt of the request. 

(b) Subpoenas shall contain: the caption of the 
case; the name and address of the person 
subpoenaed; the date, hour and location of the 
hearing in which the witness is commanded to 
appear; a particularized description of the books, 
papers, records or objects the witness is directed 
to bring with him to the hearing, if any; the 
identity of the party on whose apphcation the 
subpoena was issued; the date of issue; the sig- 
nature of one of the members of the Board or the 
Board's executive secretary; and a "return of scr- 
\ice". The "return of scr\ice" form, as filled out, 
shows the name and capacity of the person ser\'- 
ing the subpoena the date on which ser\'ice was 
made, the person on whom service was made, the 
manner in which service was made, and the sig- 
nature of the person making scr\ice. 

(c) Subpoenas shall be served by the sheriff of 
the county in which the person subpoenaed re- 
sides, when the party requesting such subpoena 
prepays the sheriffs service fee. The subpoena 
shall be issued in duplicate, with a "return of 
service" form attached to each copy. A person 
serving the subpoena shall fill out the "return of 
service" form for each copy and properly return 
one copy of the subpoena, with the attached 
"return of service" form completed, to the Board. 

(d) Any person receiving a subpoena from the 
Board may object thereto by filing a written ob- 
jection to the subpoena with the Board's office. 

(c) Such objection shaU include a concise, but 
complete, statement of reasons why the 
subpoena should be revoked or modified. These 
reasons may include lack of relevancy of the evi- 
dence souglit, or any other reason sufficient in 
law for holding the subpoena invalid, such as that 
the evidence is privileged, that appearance or 
production would be so disruptive as to be un- 
reasonable in liglit of the significance of the e\i- 
dence sought, or other undue hardship. 

(f) Any such objection to a subpoena must be 
served on the party who requested the subpoena 
simultaneously with the filing of the objection 
with the Board. 

(g) Ihe party who requested the subpoena, in 
such time as may be granted by the Board, may 



fde a written response to the objection. 1 he 
written response shall be served by the requesting 
party on the objecting witness simultaneously 
with filing the response with the Board. 

(h) After receipt of the objection and response 
thereto, if any, the Board shdl issue a notice to 
the party who requested the subpoena and the 
party challenging the subpoena, and may notify 
any other party or parties of an open hearing, to 
be scheduled as soon as practicable, at which 
time evidence and testimony may be presented, 
limited to the narrow questions raised by the 
objection and response. 

(i) Promptly after the close of such hearing, the 
majority of the board members hearing the con- 
tested case will rule on the challenge and issue a 
written decision. A copy of the decision will be 
issued to aU parties and made a part of the re- 
cord. 

Statutory Authority G.S. 93D-3; I50B-II; 
I50B-3S; I50B-39. 

.0014 FINAL DKCISION 

In all cases heard by the Board, the Board will 
issue its decision within 60 days after its next 
regularly scheduled meeting following the close 
of the hearing. This decision will be the prereq- 
uisite "final agency decision" for the right to ju- 
dicial review. 

Statutory Authority G.S. 930-3; 150B-II; 
/30B-3S; I50B-39. 

.0015 I'ROPOSALS lOR HFCISIONS 

(a) When an administrative law judge conducts 
a hearing pursuant to G.S. 150B-40(e), a "pro- 
posal for decision" shaU be rendered within 45 
days after the hearing pursuant to the Rules of 
the Office of Administrative I learings. Ihe par- 
ties may file written exceptions to this "proposal 
for decision" and submit their own proposed 
findings of fact and conclusions of law. The ex- 
ceptions and alternative proposals must be filed 
within 10 days after the party has received the 
"proposal for decision" as drafted by the admin- 
istrative law judge. 

(b) Any exceptions to the procedure during the 
hearing, the handling of the hearing by the ad- 
ministrative law judge, rulings on evidence, or 
any other matter must be written and refer spe- 
cifically to pages of the record or otherwise pre- 
cisely identify the occurrence to which exception 
is taken. The exceptions must be filed with the 
Board within 10 days of the receipt of the pro- 
posal for decision. The written exceptions must 
bear the notation: EXCtPTIONS TO THL PRO- 
CEEDINGS IN THE CASE OF (Name of Case). 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



664 



PROPOSED RULES 



(c| An\ party may present oral argument to the 
Board upon request. The request must be in- 
cluded with the written exceptions. 

(d) Upon receipt of request for further oral ar- 
gument, notice wlU be issued promptly to all 
parties designating the time and place for such 
oral argument. 

(e) Gi\'ing due consideration to the proposal 
for decision and the exceptions and arguments 
of the parties, the Board may adopt the proposal 
for decision or may modify it as the Board deems 
necessar\'. The decision rendered will be part of 
the record and a copy thereof gi\cn to all parties. 
The decision as adopted or modified becomes the 
'Tmal agency decision" for the right to judicial 
review. Said decision will be rendered by the 
Bo;u"d within 60 days after the next regularK" 
scheduled meeting following the oral arguments, 
if any. If there are no oral arguments presented, 
the decision will be rendered within 60 days after 
the next regularly scheduled Board meeting fol- 
lowing receipt of the wntten exceptions. 



Statuton Authority 
I50B-3S: 150B-40. ' 



G.S. 93D-3: I50B-II: 



I\ otice is hereby gh-en in accordance with G.S. 
I50B-1 2 that the Sorth Carolina Landscape Con- 
tractors' Registration Board intends to amend 
mle(sj cited as 21 \CAC 2S .010^. 

1 he proposed effective date of this action is De- 
cember L 1991. 



Th 



he public hearing will be conducted at 1 1 :00 
.A. M. on September 24, 1991 at the First Floor 
Conference Room, Caswell Building. j"00 \a- 
tional Drh-e, Raleigh, .V. C. 27612. 

{^ om/nent Procedures: Persons wishing to pres- 
ent oral data, views or arguments on the proposed 
mle may file a notice with the Board at least JO 
days prior to the hearing. .-Iny person may also 
file a written submission concerning data, com- 
ments or arguments at any time until the date of 
the public hearing. Submission should be mailed 
to the Board at P. O. Box 25S3S. Raleigh. .W C. 
2761 1. 

rH.\PTKR 28 - RKGISIRAIION BO.\KD OF 
LANDSCAPE CONTRACTORS 

SECTION .0100 - STATLTORV AND 
ADMINISTRATIXF PROMSIONS 



.0107 FEES 

Fees, as authorized by G.S. 89D-5, shall be as 
foUows: 

(6) examination fee, or re-examination 

fee U^^m S50.00 

Statutory Authority G.S. S9D-4(c); S9D-5: 
S9D-8. 

TITLE 26 - OFFICE OF ADMIMSTRATIVE 
HEARINGS 



ly otice is hereby g'rven in accordance with G.S. 
150B-12 that the Office of Administrath-e 
Hearings, Rules Division intends to adopt, amend, 
repealnileisj cited as 26 \CAC 2 A .0102, .0204 

- .0205, .0207. .0210 - .0212. .0301. .0303. .0401 

- .0405: 26 XCAC 2B .0102. .0201 - .0204, .0301 

- .0303. .0401. 



Th 



he proposed effective date of this action is De- 
cember 1. 1991.' 

1 he public hearing will be conducted at 12:30 
P.M. on September IS. 1991 in Hearing Room 
~1 . Lee House, 422 Sorth Blount Street Raleigh. 
.\C. 



Cc 



omment Procedures: Comments may be sub- 
mitted in writing or in person at the public hearing 
or in writing prior to September IS, 1991, to 
Llaine R. Steinbeck. .iPA Coordinator, P. O. 
Dra\yer 27447, Raleigh. .\C 2'761 1-7447. 

CHAPTER 2 - Kl LKS ni\ ISION 

SI BCHAPTER 2A - NCAC 
SECTION .0100 - PL BLIC.VTION 

.0102 A\ AIIABILIT^ OF THE NCAC 

(a) The Office of Administrati\'e Hearings has 
a\ailable for public inspection all past and cur- 
rent rules tiled under the provisions of General 
Statute Chapter 150B. 

(b) The North Carolina Administrati\e Code 
is a\'ailable in two forms as follows: 

( 1 ) Copies of individual rules are available at 
a duplicatina cost as established in 26 
NCAC 1 .0103. 

(2) A compilation which is supplemented 
montlily. The full compilation or indi- 
vidual \olumes may be purchased at 
prices established in accordance with G.S. 
150B 63(f). 150B-21.25. 

(c) A cost as established m 26 NCAC 1 .0103 
is charged for certifying any copies of the NCAC, 



665 



6:10 \ORTH CAROLL\A REGISTER August 75, 1991 



PROPOSED RULES 



Statutory 
I50B-2I.25. 



Authority G.S. I50B-2I.IH; 



SECTION .0200 - CENKRAL EIEING 
REQLIKEMENTS 

.0204 CONTINLATION/RECODIFICATION 

(a) A notification for continuation of rules 
pursuant to G.S. 15()B 15 15I)H-21.7 shall be 
submitted to the Office of Administrati\e 
Hearings on a Transfer and Recodillcation fonn 
and accompanied by a Table of Contents setting 
out the catchline and number of each rule for 
each Section affected by the transfer. 

(b) An agency may request that one or more 
of its rules be recodified pursuant to G.S. 
150B 61. 1500-21.20. The agency shall submit 
to the Office of Administrative I learings a letter 
containing the rule citations and reasons for the 
recodification accompanied by a copy of the ex- 
isting rule(s) and an original of the rule(s) as it 
should appear after recodification. The recodifi- 
cation is effective upon approval by the Diroclor 
»f t4*e OffiCL' ef ]\dmini '' trali' i L' I k ' uring ;. . 
C'odifier of Rules. 

Statuton- Aut/writv G.S. /50B-2/.7; I50B-2I.I9: 
I50B-2I.20. 

.0205 SI inilSSION EOR I lElNC FORM 

(a) Fach adopted or amended rule must be ac- 
companied by a completed typed Submission for 
I'iling fonn certify ing that the rule being filed has 
been officially adopted or amended. 

(b) Repealed rules may be combined on a sin- 
gle Submission for filing form if the rules are 
contained in the same Chapter and the repeal ef- 
fecti\e date;) date afe is the same. 

(c) .All Submission for I'iling fomis shall be 
signed by the agency head, ef a subordinate offi- 
cer or employee designated by the agency head 
in writing under G.S. 143B- 10(a), or a nile- 
makin^ coordinator for the agencv. 

Statutoty Authority G. S. 150B-2I.I9. 

.0207 Rl EE SLMMARIES 

For distribution and publication purposes, t4^ 
director f+f Ai? office the Codifier of Rules has 
statuton" authonty lo summanze rules which he 
judges would be impracticable to distribute or to 
publish in full. An agency with rules which it 
believes would be impracticable to distribute or 
publish may request that the director Codifier of 
Rules examine such rules. If he determines that 
the submitted rules arc inappropriate for distrib- 
ution or publication, he may request the agency 
to dral't a summarv rule. The full rule or rules 



must be filed and the summary published m the 
North Carolina Administrative Code in accord- 
ance with statutory requirements. 



Statutory 
/50B-2/.20. 



A uthoritv 



G.S. I50B-2I.I8; 



.0210 ACCEPTANCE OF RLEES FIEED 

(a) When an action is accepted for fding by the 
Office of Administrative llcanngs, the agency 
will be sent a completed copy of the Submission 
for Filing form which indicates that the action is 
acceptable for filing. 

(b) When the rule has been printed by the Of- 
fice of Administrati\e Hearings, the agency head, 
et a subordinate officer or employee designated 
by the agency head in wnting under G.S. 
143B- 10(a), or the rule-making coordinator will 
receive one copy of the document at no charge. 



Statutory 
/50B-2I.24. 



.4 ulhority 



G.S. 



I SOB- 2 1. 19: 



.021 1 AGENCV FINAE COPY 

Each department, agency, board and commis- 
sion shall be responsible for proofing the final 
computer copy of its rules, a* provided m (j.S. 
l.-^on 61(c). 

Statuton Authority G. S. I50B-2I.5. 

.0212 NEMEING EIST 

O.AH will distribute information of a general 
nature conceniing rule filings and related matters 
to the j\PA rule-making coordinator(s) desig- 
nated in writing by the agency head. It is the 
responsibility of the agency to keep such desig- 
nations current with O.AH. 

Statutory Authority G. S. I50B-2I . 

SECTION .0300 -TEMPORARY REEEMAKING 

.0301 FIEING TEMPORARY REEFS: 

ADOPIIONS: AMENiniENTS: REPEALS 

In order to be acceptable for filing w ith the Of- 
fice of Administrati\e Hearings, each tcmporar)' 
adopted or amended rule shall be accompanied 
by a completed typed Submi ' . ' ^ . ion fof Filing 
Temporary' Rule Certification form. Temporary 
repealed rules may be combined on a single 
Submi i ' iii ion fof Filing remporar\' Rule Certif- 
ication form if the rules are contamcd m the same 
chapter and the repeal effective dator . date are is 
the same. The filinii shall include the proper 
copies required by Rules .0201, .0202, or .0203 
of this Subchapter, » (A^rtification e+ tl+t» finding 
a written statement of its findings of need for the 
temporary' rule, a Subini '.i : . ion fef Notice form 



6:10 NORTH CAROLINA REGISTER Au'^ust 15, 1991 



666 



PROPOSED RULES 



and filing that complies \\ ith the requirements of 
26 NCAC 2B for publication in the North 
Carolina Register. 

Stamon Authority G. S. I50B-2I.I; 1508-21.19. 

.0.^03 I'ROCKDl KF, lOR KF.\IK\\ 
OF TF\lPORAR^ RL LKS 

The Codifier of Rules shall review temporar>" 
rules as provided by G. S. 150B-21.1. 

Statutoty .Authority G. S. I50B-2I .1 . 

SECFION .0400 - IMI^SICAI. FORM.AT 

.0401 GFNER.VL TYPING INSTRUCTIONS 

Ruk' '. vubmittod te- t4*e Offico rf ;\JminivlrLiti' . o 
1 loanng '. fe* filing shcill br^ lyj-iod. H+k* ft+1^ to a 
pago. oxcL ' pt H¥t* i*F moro con ' : 'e culi' . L ' ruk": . 
V i illiin a L. . uiglo s e ction, • jubchaptjr. e+ chapter 
' . ' ■ 'hich Si* jy^ at tfee f . amo timo. ma^ b<? typed 
e» Ae L- . amo '' beet a«4 continued t'rom t*ft^ pugo 
te- anotlK ' r: 

(a) Ihe general t\'pina instructions are as I'ol- 
lows: 

(1) eft an S-1 2 h\ 11 inch sheet of paper (no 
letterhead, carbon copies or onion-skin ac- 
cepted): 

(2) eft one side of the sheet only, with a one 
inch margin on all sides: and 

(3) ¥rrtfe- black ink; use standard t\'pe only; do 
not use t\'pe of an unusual nature. 

(b) The sheet may not be turned around in the 
typewriter to accommodate wide charts. Charts 
or figures may be included in the body of a rule 
only if they can be t_\ ped within a 65-space max- 
imum (including all blank spaces). 

Statutoty .Authority G. S. I50B-2I.19. 

.0402 ORIGIN.\L COPY OF RLLES 

.All rules tiled must be accompanied by an ori- 
ginal cop\ of the rule. 
(1) Adoptions and Amendments: 
(a) The original copy shall contain an intro- 
ductop," sentence as specitied in Rule 
.0403 of this Subchapter. Section. 
lb) The rule shall be in the fonnat prescribed 
in Section .0500 of this Subchapter with 
the following additional requirements: 
(il an\' text to be deleted from t4i^ an exist- 
ing rule shall be indicated by slash 
through marks: and 
(ii) any new or added text being added shall 
be underlined. 
(c| Each rule shall be followed by a histor\' 
note which contains the Statutop.' .Au- 
thority. effecti\'e date, and any pre\'ious 



roadoption ef aiUL ' ndment duteo histor\ 
references if applicable. 
(2) Repeals: 

(a) The original copy shall contain an intro- 
ductor,' sentence as specitied in Rule 
.0403 of this Subchapter. Section. 

(b) Repealed rules will contain the rule num- 
ber and rule name, followed by the com- 
plete histon note noting the repealed 
effective date. No te.xt is shown on the 
original copy of a repealed rule. 

(c) Repealed rules shall be combined with a 
single histors' note if the rules are consec- 
utive numerically and the effective dates 
and repealed dates are identical. Author- 
ity cites and any other dates are to be 
combined. 

Stdtutoiy .Authority G. S. 1508-21.19. 

.040.^ IM RODL CI ORY ST.\TEMENT 

(a) Each rule submitted to the Office of Ad- 
ministrati\'e Hearings for fding shall have an in- 
troductop. statement immediately preceding the 
rule. This introducton' statement must contain 
the full official rule citation and the action being 
taken. 

(b) If notice of the proposed rule was published 
in the North Carolina Register, the introductor\' 
statement shall include the \olume, issue and 
page or pages of the notice publication. 

(c) If the adopted or amended rule differs in 
an\ u ay from the proposed rule published in the 
North Carolina Register, the introductory' state- 
ment shall include the words "with changes". 

kii \Mien part e4 a F«le i? k* W amended. At» 
agency -ball t+k? tfee ^mallevt portion ef {4w F«le 
which i^ chang e d. Ihi ;. i» j-e t4»e agency doe - j ftet- 
have t-e retype tl*# e ntir e Hil# when only a portion 
^^ b e ing changed, fe- (4«^ ca^e. only tbe para 
graph, which t- being re wntten need ', to bt^ 
typed. Other paragraph ', w-tll W renumbered ae- 
cordingly. 

^ ■ oIl ' : 1-^ef example, when a ft4e i> amended 
bv t4+e additu>n ef deletion ef a paragraph, t+^e 
introductory i . tiitement 'i hould r e ad a^ follow ■. - 
'Rule (4»11 citation ) ba* been amended bv (be 
(iiddition) (deletion) ef Paragraph (-e-^ a^ 
follow ' i'. 

(d) If notice of the proposed rule was not re- 
quired for publication in the North Carolina 
Rcaster. the introductor\" statement must include 
a citation to law exemptm^i the Rile from notice. 

Statutofy .Authority G. S. I50B-21.I9. 

.0404 BODY OF RLLES 



667 



6:10 yORTH C.AROLL\.4 REGISTER .August 15, 1 991 



PROPOSED RULES 



(a) The rule number, rule name and body of 
the rule ef tiw pert tferi- » amonded, shall follow 
immediately follow the introductor\' statement 
for that rule, (jencrally, there will be no lines 
skipped in the body of the rule except in unusual 
circumstances, such as tables. All paragraphs 
should be indented two spaces or to the third 
space from the left margin. 

(b) All subsections and lists within the rale 
must be clearly labeled with the correct number 
or letter in parentheses as specified in Rules .0506 
and .0507 of this Subchapter. 

Statutoiy Aui/writy G. S. I50B-2I.I9. 

.0405 HISTORY NO IK 

(a) Each rule submitted to the Office of Ad- 
mLnistrati\'e Hearings for filing shall ha\e a his- 
tory note containing the following information: 

(1) the authority for that rule; 

(2) the effective date of the rule, (last line if 
an adoption): a«4 

(3) the effectisc date of the four most recent 
amendments to that rule or repealed line, 
whichcNcr is applicable: and 

(4) an\ other liistorv' references pertaining to 
the Rile. 

(b| 1 he histoPv note shall be typed after the 
text or after any illustrations in the rule skipping 
one line and typing the words "Histor\ Note:'' 
indented two spaces from the left margin or on 
the third space followed by the words: 

(1) "Statutory Authority" in a rule where the 
authority is strictly statutory, or "Author- 
ity" in a rule where the authority is other 
than statutor\'. This would then be fol- 
lowed by the properly cited General Stat- 
ute or authority. 

(2) On the next line, blocked under the letter 
"S" in "Statutop,'", the abbre\'iation 
"I'ff " would be followed by the original 
effecti\e date of the rule in full. 

(.V) On the next line all amendment dates to 
the original rule shall be listed following 
the words "Amended Bff.". The four 
most recent amendment dates shaU be 
given in chronological order, with the 
most recent amendment hsted first. 

AH items in the histor)' note are separated by 

semicolons. 

(c) Authorities cited in histon,- notes shall be 
cited according to the most current edition of the 
rules of citation contained in "A Uniform System 
of Citation", a copy of which is a\'ailable in the 
Office of Administrative Hearings, except that the 
General Statutes of North Carolina shall be 
identified bv the desiiination "G.S." rather than 
"N.C. Gen.' Stat.". 



Statutory Authority G. S. I50B-2I.I9. 

SLBCHAPTF.R 2B - NORTH CAROLINA 
RK(;iSTKR 

SECTION .0100 - PUBLICATION 

.0102 ST.VIEMKNTS OK ORGANIZATION 
(RKPKAI KD) 

Staluloiy Authority G.S. I SOB- 10; I50B-63. 

SKCTION .0200 - GENKRAL KILING 
RKQLIRKMKNTS 

.0201 PI BIICATION OK PROPOSKD Rl IKS 

(a) In order to be acceptable for publication 
by the OlTice of Administrative Hearings, *H- 
propo ' -' . c'd ruk'o all notices required to be pub- 
lished vn the North Carolina Register, pursuant 
to G^ S_ 15()m21.2. shall be accompanied by a 
completed t\ped Submi '.-. ion fof notice form. 

(b) The onginal and one copy of the H+k» rt« 
prupor . L'd text of the rule as proposed shall be 
submitted m to the Otfice of .Administrative 
Hearings. 44*** original Lihall be m propor form 
ati rcquirod by Rulo .0.^02 e4^ At& Subchapter. 

Statutory Authority G. S. I50B-2I.17. 

.0202 NOriCK KORMS 

(a) Based upon the t\pe of notice as required 
in G^ |v 150iU21.2. the agenc\' shall complete 
one of the fc^llowing apprc^priate notice fi)rms: 

( 1 ) Notice of Text and Ileanng: 

(2) Notice of I'ext: or 

(3) Notice on Subject Matter. 

(b) f«-^ 44» A completed SubmiL . t . ion fof notice 
form certifies that the propof . od rul e (s) being 
f . ubmittL ' d ftw publiccition h*^ (have') be'L'n t+ffi- 
cially propoL . ed ft+F noticu by tkh* agency, state- 
ment of the subject matter or the text of the rule 
as proposed has been otticialh authorized bv the 
agency for publication in the North Carolina 
Register. 

(c) (+4 .More than one rule may be listed on a 
single form if the mles are m 4w r . ame chaptc'r 
promulgated bv the same ai:enc\' and the pro- 
posed effectixe dates and the public hearing dates 
are the same. 

Statutoiy Authority G. S. I50B-2I.I7. 

.0203 ACCEPT.ANCK FOR PLBLICATION 

When a submission is accepted for publication 
h\ the Office of Admmistralive Hearings, the 
agency will be sent a completed copy of the 



6:10 NORTH CAROLINA REGISTER August L\ 1991 



668 



PROPOSED RULES 



Submic ' L ' ion f>*f notice fomi which indicates that 
the submission is acceptable for publication. 

Staiutoiy Author'ny G. S. I50B-2I .H. 

.0204 KKFl SAL OF I'l BLICAIION 

(a) The Ot'fice of Administrative Hearings will 
refuse to accept for publication any propoced 
ruloo notice fonn which 4» does not meet the 
requirements of this Subchapter. 

(b) If the submission for publication notice is 
not acceptable, it will be returned to the agency 
with an indication of the changes needed. 

Statuion Atii/ioriiy G. S. I50D-21 .17. 

SEcnoN .o.M)o - I'II^SIC.\L format 

.0301 GENERAL TYPING INSTRLCTIONS 

Propoi ' L'd admini ' jtralivo ruL": . All notices re- 
quired to be pubhshed in the North Carolina 
Register pursuant to G^ S_ 150B-21.2 shall be 
submitted in the form specified m 26 .NCAC 2A 
.0401. 

Stauaoij Authority G. S. I50B-2I .H. 

.0302 ORIGINAL COPY OF PROPOSED 
RILES 

fa4 .\dopliono. 
H4 Aii propoood rul e v sluiU be uccompunic'd 
l*y aft onginal copy t4" t4*e propo '^e d t e xt. 
(-34 +4+e onginal lIkiII contain aft inlroductor . 
• . i tati.'mi. ' nt t» Ae to mi i:piL ' cifiijJ wi ^ 
NCAC JA .ri|n;.(a). 
frU I'ollov i inu 4^e introducton ■. latenient. t4+e 
body t4 t4ie F«ie L . hall l*e » t4*e form 
• jpociliod m J4 NC.\C 3A 4^4^- 
(-4+ 44*e ' pocihc aiitliLirity i . hall l^e cited f(-4- 
lo' i ving t44e body e+ e ach ruk>. 
(+>4 ■Xnii. ' ndmento. 
(-H AH- propoi i L ' d amondmontL: ' '' hall l?e i*?- 
compamed tH- a» original copy e>f tbe 
propo ' X ' d tL'xt. 
Qr\ 44*e onginal L i hall contain aft introductory 
• jliit e in e nt » t4^ form ' . i pecifit ' d m- 4^ 
NCAC JA .iMi l j(a). 
The original copy of a rule as proposed to be 
adopted, amended, or repealed bv the agency 
shall meet the following requirements: 
( 1 ) I he onginal shall contain an introductor\" 
statement immediateK" preceding the nile. 
1 he statement mu>t contain the full ollicuil 
rule citation and the action being taken. 
(2) f44 hollowing the introductop. statement, 
the body of the rule shall be in the form 
specified m 26 NCAC 1\ .0404 and as fol- 
lows: 



(a) any text to be deleted or repealed from Ae 
an existing rule shall be indicated by slash 
through marks: and 

(bj any new or added te.xt b e ing added shall 
be underlined. 

(3) {4j The specific authority shall be cited fol- 
lowing the body of each rule. 

(4) (-^ With pnor appro\al from the OtTice of 
Administrati\e I learings, an agency may cite 
the minimum portion of the rule which is 
changed. Portions published shall give ade- 
quate notice of the change(s) to the rule. 

(-<r+ R e p e al - : . ■ 

(-44 AU- propoi ' L ' d repeal ', ' . . hall t*e accompanied 
by- »ft onginal copy ' ■ vhich containti aft m- 
troductoP i statement ift tfee form ^' pecified 
^ 26 NCAC JA 4Ua^ 

(^ 1 olUnving Ae introductop . [ . tatement t4%e 
original ' . . hall contLun a fe4 e+~ t4+e ft4e 
numbep '. ) i*ft4 ftrie namei; . ) ef (4te itemc 
to be rep e aled. 

(-44 44+e '. pocific authonty r . hall be cited fol- 
lov. mg t+te ft4e number i*ft4 F«4e name ft*f 
each repealed rule. 4-be authonty may be 
cited follo' . ving a li i. ting ef repealed rule; . 
'^ tbe rulei ' contain tbe oamj authority. 

Statutory Authority G. S. I5QB-2I .H. 

.0303 STAIEMENT OF SLB.IECT NL\TTER 

In so far as possible, the Statement of Subject 
Matter should be contained on the Notice on 
Subject Matter form, but if necessary', the state- 
ment may be continued on a separate page, pro- 
\ided that the separate page conforms with the 
typing instructions of 26 NC.AC 2A .0401. 

Statutoiy Authority G. S. I50B-21 .P. 

SEC~riON .0400 - ELECLRONIC FILINGS 

.0401 SLBMISSIONS THROLGH .\TMS 
COMPLTER SYSTEM 

(a) If an agency is connected to the State 
Computer Center, submissions for publication in 
the North Carolina Register ma>' be transferred 
electronical!)' tlirougli the ATMS computer sys- 
tem. 

(bl The agency shall submit the Submi '.'. ion fof 
notice form and original copy of the propo '. ed 
te*t- statement of the subject matter or the rule 
a^ proposed as required in this Subchapter. 1 he 
propo '. ed te*t- statement of the subject matter or 
the rule as proposed shall be in the computer 
s\ stem m proper format upon submission to the 
Olfice of Administrative I learings. 

(c) In using this process, the agency shall sub- 
mit with the filing an Electronic Filing form. 



669 



():l() SORTH CAROLINA REGISTER August 15. 1991 



PROPOSED RULES 



The Office of Administrative Hearings shall re- 
turn a copy of the form notifying the contact Statutoiy Authority G. S. I50B-2I.I7. 
person of the transmittal date. Lpon receipt of 
the form containing the transmittal date, the 
agency may delete the document from its storage. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 670 



ARRC OBJECTIONS 



1 he Administrative Rules Review Commission (ARRCj objected to the following rules in accord- 
ance with G.S. l43B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
l43B-30.2(d). 



EDUCATION 

Elcmentan' and Secondary' Education 

16 SCAC 6C .020'' - Prospectixe Teacher Scholarship Loans 

ENMRONMKM. HEALTH, AND NATLRAL RESOl RCES 

Adult Health 

ISA SCAC I6A .0804 - Financial Eligibility 

No Response from Agency 

Agency Responded 

.\'o Response from Agency 
ISA .\CAC 16A .0806 - Billing the HIV Health Senices Program 

No Response from Agency 

Agency Responded 

No Response from Agency 

Wildlife 

J5A NCAC lOK .0001 - Course Requirements 

HIMAN RESOl RCES 

Cliildren's Senices 

10 NCAC 41! .0406 - Responsibility for Training of Team .Members 

Indi\idual and I'amily Support 

10 NCAC 42B .1201 - Personnel Requirements 

No Response from Agency 

Agency Returned Rule Unchanged 

Agency Filed Rule with OAH 
10 NCAC 42C .200/ - Qualifications of Administrator 

No Response from .Agency 

Agency Returned Rule L nchanged 

Agency Filed Rule with OAH 
10 NCAC 42C .2002 - Qualifications of Supcnisor-in-Charge 

No Response from .Agency 

Agency Returned Rule L nchanged 

Agency Filed Rule with O.l H 
10 NCAC 42C .2006 - Qualifications of Acti\-ities Coordinator 

No Response from Agency 

Agency Returned Rule L nchanged 

Agency Filed Ride with OAH 
10 NCAC42C .3301 - Existing Building 

Agency Returned Rule Unchanged 



ARRC Objection 6,2L91 



ARRC Objection 1,118191 
2 125191 
No Action 3,'21/91 

No Action 4/ 18/91 

ARRC Objection 1/18191 
2125191 
No Action 3/21191 

No Action 4/18/91 



ARRC Objection 7,18:91 



ARRC Objection 7 18:91 



ARRC Objection 


1 18 91 




2 25 91 


No .Action 


3:21 i91 


Rule Eff. 


8,01,91 


ARRC Objection 


1 18 91 




2,25 191 


No A ction 


3/21/91 


Rule Eff 


8 01 91 


ARRC Objection 


1.18.91 




2 25. 91 


.\o Action 


3,21,91 


Rule Eff. 


8/01,91 


ARRC Objection 


1 18 91 




2 1 25 19 1 


No Action 


3/21/91 


Rule Eff 


8/01/91 


ARRC Objection 


11 14190 


No A ction 


12 20,90 



6"/ 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



ARRC OBJECTIONS 



Agency Filed Rule with OAH 
JO NCAC 42D .1401 - Qualifications of Administrator/ Co- Administrator 
Agency Returned Rule Unchanged 
Agency Filed Rule with OAH 

Social Services 

10 NCAC 24 A .0303 - Sell County Board Members/ Social Svcs Comm 
Agency Revised Rule 

PsSLRANCE 

Engineering and Building Codes 

// NCAC 8 .0815 - Final Board Order 

LICENSING BOARDS AND COMMISSIONS 

Cosmetic Art Examiners 

21 NCAC 14F .0010 - Sanitary Rules 

No Response from Agency 
21 NCAC 14G .0017 - Changes in Teaching Staff 

No Response from Agency 
21 NCAC 141 .0304 - Classroom Work 

No Response from Agency 

Medical Examiners 

21 NCAC 32B .0309 - Personal Interview 
Agency Responded 
Rule Returned to ,4gency 



Rule Eff 5/01/91 

ARRC Objection 11/14/90 
No Action 12/20/90 

Rule Eff 5/01/91 



ARRC Objection 4/18/91 
Obj. Removed 7/18/91 



ARRC Objection 7/18/91 



ARRC Objection 5/16/91 



No Action 


7/18/91 


ARRC Objection 
No Action 


5/16/91 
7/18/91 


ARRC Objection 
No A ction 


5/16/91 
7/18/91 


ARRC Objection 
No Action 


2125/91 
3/21/91 
5/16/91 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



672 



RULES INVALIDA TED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a nde in the Sorth Carolina Administrative Code. 



10 SCAC 261 .0101 - PURPOSE: SCOPE/AOTICE OF CHA\GE L\ LEVEL OF CARE 

10 \CAC 261 .0102 - REQUESTS FOR RECOSSIDERA TIOS A.\D RECIPIENT APPEALS 

10 .\CAC 261 .0104 - FORMAL APPEALS 

I ho mas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rules 
10 NCAC 261 .0101, 10 NCAC 261 .0102 and 10 NCAC 261 .0104 void as appUed m Linda Allred, 
Petitioner v. North Carolina Department of Human Resources, Division of Medical Assistance, Re- 
spondent (90 DHR 0940). 

10 .\CAC 42W .0003(c) - COUNTY DEPT OF SOCIAL SERVICES RESPONSIBILITIES 
10 NCAC 421V .0005 - REPORTING CASES OF RAPE AND L\CEST 

The North Carolina Court of Appeals, per Judge Robert F. Orr, declared Rules 10 NCAC 42W 
.0003(c) and 10 NCAC 42W .0005 void as applied in Rankin Whittington. Daniel C Hudgins, Dr. Takey 
Crist, Dr. Gwendolyn Boyd and Planned Parenthood of Greater Charlotte, Inc., Plaintiffs v. The North 
Carolina Department of Human Resources, David Flaherty, in his capacity as Secretary of the North 
Carolina Departryient of Human Resources. The North Carolina Social Services Commission, and C. 
Bariy McCartv, in his capacity as Chairperson of the North Carolina Social Services Commission, De- 
fendants [100 N.C. App. 603,"398 S.H.2d 40 (1990jj. 

16 NCAC 6D .0105 - USE OF SCHOOL DA Y 

The North Carolina Supreme Court, per Associate Justice Henr\' F. Fr\"e, held invalid Rule 16 NCAC 
6D .0105 as decided in The State of North Carolina; The North Carolina State Board of Education; and 
Bob Etheridge, State Superintendent of Public Instruction, Plaintiffs v. Whittle Communications and The 
Thomasville City Board of Education, Defendant-Countcrclaimants and The Davidson County Board of 
Education, Defendant- 1 ntervenor and Counterclaimant v. The State of North Carolina; The North 
Carolina State Board of Education: and Bob Etheridge, State Superintendent of Public Instruction; and 
Howard S. Haworth: Barbara M. Tapscott; Kenneth R. Harris: Teena Smith Little; W.C. Meekins Jr.; 
Mary B. Morgan; Patricia H. Neal; Gary C Owen; Donald D. Pollock; Prezell R. Robinson; Norma 
B. Turnage; Stale Treasurer Harlan E. Boyles; and Lt. Governor James C Gardner; in their official 
capacities as members of The North Carolina State Board of Education, Counterclaim Defendants [328 
N.C. 456, 402 S.F.2d 556 (1991)|. 

15A NCAC 711 .0308 - SPECITIC USE STANDARDS 

The North Carolina Court of Appeals, per Judge Sidney S. Eagles Jr., held that it was error for the 
Coastal Resources Commission to fail to follow the required notice and comment procedure prior to 
the adoption of temporary- rule 15A NCAC 711 .0308(a)( I)(\l), but that the CRC followed proper 
procedures when it adopted the text of the temporary- rule as a permanent rule [15A NCAC 71! 
.0308(a)( l)(\l)j. Conservation Council of North Carolina v. Haste [102 N.C. App. 411, 402 S.H.2d 447 
(1991)|. 



673 6:10 NORTH CAROLINA REGISTER August 15, 1991 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCA C is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DFV ISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TITLE DEPARTMENT 

1 Administration 

2 Agriculture 

3 Auditor 

4 Economic and Community 

Development 

5 Correction 

6 Council of State 

7 Cultural Resources 

8 Elections 

9 Governor 

10 Human Resources 

1 1 Insurance 

12 Justice 

13 Labor 

14A Crime Control and Public Safety 

15A Environment, Health, and Natural 
Resources 

16 Public Education 

17 Revenue 

1 8 Secretary of State 
19A Transportation 
20 Treasurer 

*21 Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges 

24 Independent Agencies 

25 State Persormel 

26 Administrative Hearings 



LICENSING BOARDS 


CHAPTER 


Architecture 


2 


Auctioneers 


4 


Barber Examiners 


6 


Certified Public Accountant Examiners 


8 


Chiropractic Examiners 


10 


General Contractors 


12 


Cosmetic Art Examiners 


14 


Dental Examiners 


16 


Electrical Contractors 


18 


Foresters 


20 


Geologists 


21 


Hearing /\id Dealers and Fitters 


22 


Landscape Architects 


26 


landscape Contractors 


28 


Marital & Family Therapy 


31 


Medical Examiners 


32 


Midwifery Joint Committee 


33 


Mortuary Science 


34 


Nursing 


36 


Nursing Home Administrators 


37 


Occupational Therapists 


38 


Opticians 


40 


Optometry 


42 


Osteopathic Examination and 


44 


Registration (Repealed) 




Pharmacy 


46 


Physical Lherapy Examiners 


48 


Plumbing, Heating and Fire Sprinkler 


50 


Contractors 




Podiatry t^xaminers 


52 


Practicing Counselors 


53 


Practicing Psychologists 


54 


Professional Engineers and Land Survey 


ors 56 


Real Estate Commission 


58 


Refrigeration Examiners 


60 


Sanitarian Examiners 


62 


Social Work 


63 


Speech and Language Pathologists and 


64 


Audiologists 




Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



674 



CUMULA TIVE INDEX 



CUMVLA TIVE I.XDEX 

(April 1991 - March 1992) 



1991 



1992 



Pages 



Issue 



1 - 44 1 - April 

44 - 99 2 - April 

100 - 185 3 - May 

186 - 226 4 - May 

227 - 246 5 - June 

247 - 325 6 - June 

326 - 373 7 - July 

374 - 463 8 - July 

464 - 515 9 - August 

516 - 677 10 - August 



AO - Administrati\e Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Fmal Rule 

(iS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

'I'R - Tcmporan' Rule 



ADMINISTRATION 

State Construction, 465 PR 

ADMINISTRATE E HEARINGS 

Hearings Division, 310 PR 
Rules Division, 665 PR 

AGRICLETIRE 

Food and Drug Protection Duision, 576 PR 

Markets, 576 PR 

North Carolina State Fair, 576 PR 

Plant Indu5tr\-, 102 PR, 469 PR, 576 PR 



CORRECTION 

DiN'ision of Prisons, 35 FR, 



S7 FR, 209 FR 



ECONOMIC AND COMMIN.ITV DEVEEOPMENT 

.•Alcoholic Beverage Control Commission, 4 PR 
Community Assistance, 104 PR 
Credit Union Division, 231 PR 
Employment and Training, 590 PR 



6^5 



6:10 NORTH CAROLINA REGISTER August 15, 1991 



CUMULA TIVE INDEX 



EXVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 299 PR 

Environmental Management, 197 PR, 271 PR, 447 PR 

Forest Resources, 300 PR 

Health: Epidemiology, 28 PR, 341 PR 

Health Services, 9 PR, 327 PR 

Land Resources, 494 PR 

Marine Fisheries, 122 PR 

Water Treatment Facility Operators, 495 PR 

WUdlife Resources Commission, 84 PR, 170 PR, 198 PR, 301 PR, 647 PR 

FINAL DECISION LETFERS 

Voting Rights Act, 48, 230, 248, 326, 464, 516 

FE\AL RULES 

List of Rules Codified, 89 FR, 215 FR, 314 FR, 451 FR, 504 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 45, 100, 186, 227, 247, 374 

HUMAN RESOURCES 

Aging, Division of, 72 PR, 422 PR 
Economic Opportunity, 604 PR 
Facility Services, 104 PR, 471 PR, 592 PR 

Medical Assistance, 9 PR, 112 PR, 188 PR, 232 PR, 250 PR, 430 PR, 492 PR, 601 PR 
Mental Health, Developmental Disabilities and Substance Abuse Services, 5 PR, 49 PR, 375 PR, 
449 FR 
Social Services, 1 16 PR 

rSSURANCE 

Actuarial Ser\ices, 119 PR 

Life and Health Division, 430 PR 

Special Services Division, 84 PR 

JUSTICE 

Criminal Justice Education and Training Standards, 607 PR 
Private Protective Services, 121 PR 
Sheriffs' Standards Division, 618 PR 
State Bureau of Investigation, 250 PR 

LICENSING BOARDS 

Architecture, Board of, 30 PR, 232 PR 

Certified Public Accountant Examiners, 201 PR 

Cosmetic /Vrt I'xaminers, 653 PR 

Geologists, Board of, 654 PR 

Hearing Aid Dealers and Fitters, 496 PR, 655 PR 

Landscape Contractors' Registration Board, 665 I'R 

Medical Examiners, Board of, 304 PR, 363 PR 

Nursing, Board of, 305 PR 

Pharmacy, Board of, 201 PR 

Physical Therapy Examiners, Board of, 33 PR, 363 PR 

Practicing Psychologists Examiners, 203 PR 

Professional Engineers and Land Surveyors, 497 PR 

Real Estate Commission, 171 PR, 500 PR 

PUBLIC EDUCATION 

Elementar>' and Secondary, 29 PR, 199 PR, 303 PR 



6:10 NORTH CAROLINA REGISTER August 15, 1991 676 



CUMULA TIVE INDEX 



RK\K\LK 

Indi\"idua] Income Tax Di\ision, 234 FR 
Property Tax Commission, 210 I-R 

SFXRE TARV OF STATP: 

Securities Di\ision, 85 PR 

STATE PERSONNEL 

State Personnel Commission, 172 PR. 364 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 518 SO 

TRANSPORFATION 

Division of Motor Vehicles, 213 FR. 502 ¥K 



677 6:10 SORTH CAROLINA REGISTER Ausust 15. 1991 



r 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 53 volumes, totaling in excess of 1 5,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including .supplements can be 
purchased for seven hundred and fifty dollars ($750.00). Individual volumes may also be purchased with 
supplement service. Renewal subscriptions for supplements to the initial publication are available at one- 
half the new subscription price. 

PRICE LIST FOR THE SUBSCRIPTION YEAR 



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Tillc 


Chapter 


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Total 
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1 - 52 


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2 

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10 

10 

10 
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10 
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10 
10 
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15A 

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Correction 
Council of State 
Cultural Resources 
I-lcctions 
Governor 
Human Resources 
Human Resources 
Human Resources 
(includes CON) 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Insurance 
Justice 
Labor 
OSHA 
Labor 

Crime Control and 
Public Safety 
LHNR (includes LMC) 
LHNR 

Coastal Management 
LHNR 
Wildlife 


J 7 50. 00 
90.00 
75.00 
75.00 
10.00 
45.00 
90.00 
60.00 
30.00 

60.00 
10.00 
45.00 
30.00 
90.00 

45.00 
30.00 
30.00 
30.00 
30.00 
30.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 
90.00 
30.00 
45.00 
45.00 

45.00 
90.00 
45.00 
45.00 
30.00 
45.00 




1 




2 




3 




4 




5 




6 




7 




8 




9 




10 




11 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




~ii 




23 




24 




25 




26 




27 




28 




29 




30 




31 




32 




33 




34 




35 




36 




37 




38 






Continued 



\'()lunH' litle 







New 


Chapter 


Subject 


Subscription 


11 - 18 


FUNR 


90.00 


19- 26 


EHNR 






(includes Brcathalizer) 


75.00 


1 -6 


Education 


30.00 


1 - 6 


Revenue 


75.00 


7- 11 


Revenue 


60.00 


1 - 7 


Secretary' of State 


30.00 


1 - 6 


Transportation 


90.00 


1 - 9 


Treasurer 


45.00 


1 - 16 


Licensing Boards 


75.00 


17-37 


Licensing Boards 


75.00 


38- 70 


licensing Boards 




1 _ -> 


Administrative Procedures 


75.00 


1 . -) 


Communitv Colleges 


10.00 


1 . T 


Independent Agencies 


10.00 




State Personnel 


60.00 


1 - 4 


Administratue Hearings 


10.00 



Quantity 



Total 
Price 



39 


15A 


40 


15A 


41 


16 


42 


17 


43 


17 


44 


18 


45 


19A 


46 


20 


47 


21 


48 


21 


49 


21 




TT 


50 


23 


51 


24 


52 


25 


53 


26 



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